Single European Act
Encyclopedia
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome
. The Act set the European Community an objective of establishing a Single Market
by 31 December 1992, and codified European Political Cooperation
, the forerunner of the European Union
's Common Foreign and Security Policy
. It was signed at Luxembourg
on 17 February 1986, and at The Hague
on 28 February 1986. It came into effect on 1 July 1987, under the Delors Commission
.
The Treaty was drafted with the aim of implementing parts of the Dooge report on institutional reform of the Community and the European Commission
's white paper on reforming the Common Market. The resultant treaty aimed to create a "Single Market" in the Community by 1992, and as a means of achieving this adopted a more collaborative legislative process, later known as the cooperation procedure
, which gave the European Parliament
a real say in legislating for the first time and introduced more majority voting in the Council of Ministers. Under the procedure the Council could, with the support of Parliament and acting on a proposal by the Commission, adopt a legislative proposal by a qualified majority, but the Council could also overrule a rejection of a proposed law by the Parliament by adopting a proposal unanimously.
The SEA was signed on the basis of a political agreement reached at the European Council held in Luxembourg on 3 December 1985.
and by extending Qualified Majority Voting to new areas. Measures were taken to shorten the legislative process. The SEA intended to remove barriers and to increase harmonisation and competitiveness among its countries.
The Danish parliament rejected the Single Act in January 1986 after an opposition motion calling for the then unsigned document to be renegotiated was passed by 80 votes to 75. The Danish government, who supported the treaty, decided to hold a national, non-binding referendum on the issue in order to overcome the treaty's rejection by the Danish parliament. This referendum was duly held on 27 February 1986 and approved by the Danish people by 56.2% voting in favour to 43.8% against on a turnout of 75.4%. Denmark signed the Single Act the following day in the Hague
along with Italy
and Greece
who had also delayed in signing. Whilst the Danish opposition opposed the treaty because they said it would increase the powers of the European Parliament
, the Italian government delayed in signing for the opposite concern: that, in their opinion, it would not give the European Parliament enough power.
The other nine member states signed the Single Act eleven days earlier in Luxembourg
; the earlier date having been originally intended as display of unity within the Community regarding the SEA.
It had been originally intended to have the SEA ratified by the end of 1986 so that it would come into force on 1 January 1987 and 11 of the then 12 member states of the EEC had ratified the treaty by that date. The deadline failed to be achieved when the Irish government were restrained from ratifying the SEA pending court proceedings.
In the court case
, the Irish Supreme Court ruled that the Irish Constitution would have to be amended before the state could ratify the treaty, something that can only be done by referendum. Such a referendum
was ultimately held on 26 May 1987 when the proposal was approved by Irish voters by 69.9% in favour to 30.1% against on a turnout of 44.1%. Ireland formally ratified the Single European Act in June 1987, allowing the treaty to come into force on 1 July.
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
. The Act set the European Community an objective of establishing a Single Market
Single market
A single market is a type of trade bloc which is composed of a free trade area with common policies on product regulation, and freedom of movement of the factors of production and of enterprise and services. The goal is that the movement of capital, labour, goods, and services between the members...
by 31 December 1992, and codified European Political Cooperation
European political cooperation
The European Political Cooperation was introduced in 1970 and was the synonym for European Union foreign policy coordination until it was superseded by the Common Foreign and Security Policy in the Maastricht Treaty ....
, the forerunner of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
's Common Foreign and Security Policy
Common Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
. It was signed at Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
on 17 February 1986, and at The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
on 28 February 1986. It came into effect on 1 July 1987, under the Delors Commission
Delors Commission
The Delors Commission was the administration of Jacques Delors, the 8th President of the European Commission. Delors presided over the European Commission for three terms The Delors Commission was the administration of Jacques Delors, the 8th President of the European Commission. Delors presided...
.
Background
The SEA's signing grew from the discontent among European Community members in the 1980s about the de facto lack of free trade among them. Leaders from business and politics wanted to harmonise laws among countries and resolve policy discrepancies.The Treaty was drafted with the aim of implementing parts of the Dooge report on institutional reform of the Community and the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
's white paper on reforming the Common Market. The resultant treaty aimed to create a "Single Market" in the Community by 1992, and as a means of achieving this adopted a more collaborative legislative process, later known as the cooperation procedure
Cooperation procedure
The cooperation procedure was one of the principal legislative procedures of the European Community, before the entrance into force of the Treaty of Amsterdam. It was retained after that treaty but only in a few areas...
, which gave the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
a real say in legislating for the first time and introduced more majority voting in the Council of Ministers. Under the procedure the Council could, with the support of Parliament and acting on a proposal by the Commission, adopt a legislative proposal by a qualified majority, but the Council could also overrule a rejection of a proposed law by the Parliament by adopting a proposal unanimously.
The SEA was signed on the basis of a political agreement reached at the European Council held in Luxembourg on 3 December 1985.
Overview
A core element of the SEA was to create a Single Market within the European Community by 1992, a date by which, it was hoped, the legislative reforms seen necessary would have been completed. In order to make this objective possible the SEA reformed the legislative process by introducing the Cooperation procedureCooperation procedure
The cooperation procedure was one of the principal legislative procedures of the European Community, before the entrance into force of the Treaty of Amsterdam. It was retained after that treaty but only in a few areas...
and by extending Qualified Majority Voting to new areas. Measures were taken to shorten the legislative process. The SEA intended to remove barriers and to increase harmonisation and competitiveness among its countries.
Signing and ratification
The signing and ratification of the Single European Act were not without incident. Two member states, Denmark and Ireland, submitted the treaty to a popular vote.The Danish parliament rejected the Single Act in January 1986 after an opposition motion calling for the then unsigned document to be renegotiated was passed by 80 votes to 75. The Danish government, who supported the treaty, decided to hold a national, non-binding referendum on the issue in order to overcome the treaty's rejection by the Danish parliament. This referendum was duly held on 27 February 1986 and approved by the Danish people by 56.2% voting in favour to 43.8% against on a turnout of 75.4%. Denmark signed the Single Act the following day in the Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
along with Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
who had also delayed in signing. Whilst the Danish opposition opposed the treaty because they said it would increase the powers of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, the Italian government delayed in signing for the opposite concern: that, in their opinion, it would not give the European Parliament enough power.
The other nine member states signed the Single Act eleven days earlier in Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
; the earlier date having been originally intended as display of unity within the Community regarding the SEA.
It had been originally intended to have the SEA ratified by the end of 1986 so that it would come into force on 1 January 1987 and 11 of the then 12 member states of the EEC had ratified the treaty by that date. The deadline failed to be achieved when the Irish government were restrained from ratifying the SEA pending court proceedings.
In the court case
Crotty v. An Taoiseach
Crotty v. An Taoiseach was a legal action taken in 1987 in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty, historian and economist against the Irish Government...
, the Irish Supreme Court ruled that the Irish Constitution would have to be amended before the state could ratify the treaty, something that can only be done by referendum. Such a referendum
Tenth Amendment of the Constitution of Ireland
The Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on the 22 June of the same year...
was ultimately held on 26 May 1987 when the proposal was approved by Irish voters by 69.9% in favour to 30.1% against on a turnout of 44.1%. Ireland formally ratified the Single European Act in June 1987, allowing the treaty to come into force on 1 July.
See also
- Danish Single European Act referendum, 1986Danish Single European Act referendum, 1986A non-binding referendum on the Single European Act was held in Denmark on 27 February 1986. It was approved by 56.2% of voters, with a turnout of 75.4%....
- Tenth Amendment of the Constitution of IrelandTenth Amendment of the Constitution of IrelandThe Tenth Amendment of the Constitution of Ireland permitted the state to ratify the Single European Act. It was effected by the Tenth Amendment of the Constitution Act, 1987, which was approved by referendum on 26 May 1987 and signed into law on the 22 June of the same year...
- Crotty v. An TaoiseachCrotty v. An TaoiseachCrotty v. An Taoiseach was a legal action taken in 1987 in the High Court of Ireland and in the Supreme Court on appeal by Raymond Crotty, historian and economist against the Irish Government...