Foreign Affairs

Foreign Affairs

November/December 2005

 

The End of Europe?
Laurent Cohen-Tanugi

 

Summary: Since French and Dutch voters rejected the European constitution last spring, the EU has been in crisis. The treaty debacle did not cause the EU's current troubles; the EU's long-standing problems caused voters' dissatisfaction. But the way out of the impasse should involve pragmatic steps to improve EU economics, not legal or institutional reforms.

LAURENT COHEN-TANUGI is a partner in the Paris office of Skadden, Arps, Slate, Meagher & Flom and the author of "An Alliance at Risk: The United States and Europe Since September 11."

THE GREAT DEPRESSION

After French and Dutch voters rejected the draft treaty establishing a constitution for Europe last spring, there was no doubt that a crisis of unprecedented seriousness confronted the European Union. The shock was so severe that the ratification process was extended for an indefinite "period of reflection," to allow some EU members (such as the United Kingdom) to suspend further votes that might deal the treaty additional blows. Soon, however, the effects of the French and Dutch no votes were compounded by the European Council's failure to agree on the EU budget for 2007-13 thanks to a Franco-British showdown over the financial rebate to the United Kingdom and the Common Agricultural Policy. This double fiasco triggered concern that even the past achievements of European economic integration once held to be irreversible, such as the single market and the euro, might come undone. Europe has been in a state of depression in the months since.

There are good reasons to be alarmed, but one should not misdiagnose the problem and mistake the symptoms of the EU's crisis for its causes. Disagreement over the constitution did not precipitate the EU's current troubles; rather, it was a growing malaise over the EU's operation and prospects that precipitated the constitutional debacle. The constitution's rejection by founding members of the EU does not in itself spell the end of the union, but it both reflects and deepens a profound crisis in the process of European unification -- one that has no obvious solution and carries significant implications for the United States.

A FRENCH EXCEPTION?

To outside observers, the present stalemate may appear to be just another in the long series of crises that have paved the way toward European unification. This pattern is evident in the EU's repeated deadlocks over its finances: negotiating the seven-year budget always involves tough posturing, extensive bargaining, and temporary breakdowns. The latest exercise was further complicated by increased financial burdens resulting from last year's eastward enlargement and the unwillingness of the richer member states (including some of those that pressed for enlargement) to increase or even to maintain their current contribution levels.

In other ways, too, the blow to the constitution is less severe than it might at first seem. There have been other ratification accidents in the past, such as the Danes' rejection of the Maastricht Treaty in 1992. (Danish voters ratified the treaty the following year after Denmark was allowed to opt out of some of its provisions.) True, the constitution's rejection by France and the Netherlands, two founding members of the European Community, the EU's ancestor, comes with a sharper sting. And given the contradictory reasons behind the rejection, it is difficult to imagine what adjustments or exceptions would ease the text's ratification in the future. But the no votes in France and the Netherlands had less to do with the constitution itself than with widespread frustration over economic and social ills at home, growing opposition to the ruling parties, and fears of large-scale trends such as globalization and ...