The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the process of European integration" chiefly in provisions for a shared European citizenship, for the eventual introduction of a single currency, and (with less precision) for common foreign and security policies, and a number of changes to the European institutions and their decision-making procedures, not least a strengthening of the powers of the European Parliament and more majority voting on the Council of Ministers. Although these were seen by many to presage a "federal Europe", key areas remained inter-governmental with national governments collectively taking key decisions. This constitutional debate continued through the negotiation of subsequent treaties (see below), culminating in the 2007 Treaty of Lisbon.
In the wake of the Eurozone debt crisis unfolding from 2009, the most enduring reference to the Maastricht Treaty has been to the rules of compliance – the "Maastricht criteria" – for the currency union.
Against the background of the end of the Cold War and the re-unification of Germany, and in anticipation of accelerated globalisation, the treaty negotiated tensions between member states seeking deeper integration and those wishing to retain greater national control. The resulting compromise faced what was to be the first in a series of EU treaty ratification crises.
Overview
Having "resolved to continue the process of creating an ever closer union among the people of Europe", the Treaty proposes "further steps to be taken in order to advance European integration" under seven titles.
Title I, Common Provisions, establishes the European Union (EU) on the foundation of the three, already partially merged, European Communities: the European Economic Community (EEC), the European Coal and Steel Community (ECSC) and the European Atomic Energy Community (Euratom). It confirms among its objectives are "the introduction of a citizenship of the Union" common to the nationals of the Member States; "economic and monetary union, ultimately including a single currency"; and "a common foreign and security policy including the eventual framing of a common defence".
Title II, Provisions Amending the Treaty Establishing the European Economic Community, reformulates the EEC as the central "pillar" of the Union. It amends the EEC's Treaty of Rome constitution, renaming it the European Community to reflect the Union's broader ambition. Amendments incorporate (as detailed in attached protocols) a staged progression toward monetary union including the price-stability-first criteria for adoption of the single currency and for the operations of the prospective European Central Bank (ECB).
Other amendments create the office of European Ombudsman, expand the Structural Fund assistance to the poorer EU regions; and broaden Community competencies in education, culture, public health, consumer protection, trans-European networks, industry and the environment.
In these and other areas which do not fall within Community's "exclusive competence", in accordance with "the principle of subsidiarity" action is to be taken only if, "by reason of the scale or effects", the objectives cannot be more "efficiently" achieved by the Member States themselves.
In several of these areas, the Treaty seeks to enhance the "democratic functioning" of the institutions by conceding the directly elected European Parliament rights not only of consultation but also of co-decision on some categories of European legislation. It also grants the Parliament the power to confirm (and therefore to veto) the Council's nominations for the European Commission, the Community's executive.
Titles III and IV amend the treaties establishing the ECSC and Euratom to complete their absorption into the structure of European Community.
Title V and VI extend existing intergovernmental consultations on foreign-policy, security and defence matters, and on "cooperation in the fields of justice and home affairs". In both cases, Member States are to "inform and consult one another within the Council [of Ministers]", but otherwise cooperate independently of Community institutions.
Title VII, Final Provisions, covers a number of anomalous issues. Provided that all Member States ratify, it rules that the Treaty should come into force on 1 January 1993.
Articles within the Treaty were referred to by using the letters A to S.
Annexed to the Treaty is a Protocol, and an Agreement, on Social Policy. With a view to ensuring that the dynamic of the European single market respect certain minimum social and employment protections, these allow the Council of Ministers to approve relevant proposals from the European Commission on the basis of a qualified majority rather than unanimous consent.
The United Kingdom was not a party of the Agreement on Social Policy and secured an "opt out" from the protocol. It was to do the same with respect to the obligation to enter the final, single-currency, stage of monetary union (the UK would not have to give up the pound sterling).
Procedural history
Signatories
The signatory nations were represented by:
In consequence of the Dutch Presidency of the Council of the European Communities during the previous six months of negotiation, the Treaty was signed in the Netherlands, in the city of Maastricht. The twelve members of the European Communities signing the Treaty on 7 February 1992 were Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Portugal, Spain, the Netherlands and the United Kingdom.
Ratification
The Treaty noted that it should be "ratified by the High Contracting Parties in accordance with their respective constitutional requirement". In the cases of Denmark, France and Ireland this required referendums.
In the first Danish referendum, on 2 June 1992, the treaty was rejected by a margin of 50.7% to 49.3%. Concessions secured by the end of year in Edinburgh including, critically, the same exemption secured by Britain from the single currency (Denmark would not have to give up the krone), allowed for a second referendum. On 18 May 1993, the Maastricht Treaty was endorsed by a vote of 56.7%.
In Ireland, the Eleventh Amendment of the Constitution, allowing the state to ratify the Treaty, was approved in a referendum held on 18 June 1992 with the support of 69.1% of votes cast.
In September 1992, a referendum in France narrowly supported the ratification of the treaty, with 50.8% in favour. This narrow vote for ratification in France, known at the time as the 'petit oui', led Jacques Delors to comment that "Europe began as an elitist project in which it was believed that all that was required was to convince the decision-makers. That phase of benign despotism is over."
In the United Kingdom parliament ratification did not command a clear majority. In protest against the social-policy opt out, Labour opposed, while "anti-federalists" split the governing Conservatives. Prime Minister John Major was able to face down his "Maastricht Rebels" only by tying ratification to the survival of the government in a vote of confidence. (Researchers and observers suggest that, in the United Kingdom, the Maastricht Treaty represented "a critical turning point" in terms of divisions within the Conservative Party over European integration and the ruling party's ultimate fragmentation in 2016 into Leave and Remain factions).
In Germany, the Maastricht Treaty passed the Bundestag on 2 December 1992, with a majority of 543 out of 562, and the Bundesrat with unanimity. The Bundestag was required to amend the Grundgesetz (German Basic Law) to "legalize Germany's membership in the European Union (Article 23) as well as to install a European Monetary Union (Article 88)." The ratification was delayed by challenges at the German Federal Constitutional Court, the complainants claiming the amendments transferring sovereign competencies to the European Union violated democratic principles (Article 20 and 38(1)) of the Grundgesetz that were unamendable (Article 79(3)); hence the Maastricht Treaty should be inadmissible. The court delivered its judgment on 12 October 1993 ruling the Maastricht Treaty compatible with the Grundgesetz, but provided that the European Union could not endow itself with more powers without the Bundestag's approval. The court also confirmed its Solange II decision accepting the supremacy of European Court of Justice decisions while retaining the power to review secondary community law as to guarantee basic rights protection in close cooperation with the European Court of Justice. Germany was the last member state to ratify the treaty and it entered into force on 1 November 1993.
Citizenship of the European Union
From the establishment of the European Economic Community in 1957, integrationists argued the free movement of workers was the logical corollary of the free movement of capital, goods and services and integral to the establishment of a common (and later single) European market. In time, the tension between the transferred worker as "a mobile unit of production" contributing to the success of the single market, and the reality of the Community migrants as individuals, seeking to exercise "a personal right" to live and work in another state for their own, and their families', welfare, asserted itself. The Treaty built on the growing suggestion that there was a Community-wide basis for citizenship rights.
The Treaty rules that "every person holding the nationality of a Member State shall be a citizen of the Union". This common and parallel citizenship accords the Member State migrants not only the civil right to take up residence and employment, but also, and for the first time, political rights. In a new EU country of residence Member-State nationals have the right to vote, and to stand, in both local and European elections. Unresolved in the Treaty is the question of their access to social rights. Political debate continued as to who should have access to public services and welfare systems funded by taxation.
Economic and monetary union
Franco-German agreement
French President François Mitterrand was forced to abandon the centrepiece of his Socialist programme in 1983, a job creating reflation, due to speculation against the franc. Since then, Mitterrand had been committed to drawing Germany into a currency partnership. After the fall of the Berlin Wall in late 1989, Germany sought re-unification. France, the UK, and the rest of Europe expressed their concerns over re-unification. When German Chancellor Helmut Kohl asked for re-unification in 1990, Mitterrand would only accept in the event Germany would abandon the Deutsche Mark and adopt a common currency. Without consulting Karl Otto Pöhl, President of the Bundesbank, Kohl accepted the deal. Despite this win for France, it was widely perceived that the cost of German cooperation was German dictation of the rules for a single currency. The Bundesbank had signalled that Germany's economic success would come before being "a good european".
The ERM crises
In the UK, the Maastricht rebellion drew on the experience of Black Wednesday. On 16 September 1992 the British government had been forced to withdraw the pound sterling from the European Exchange Rate Mechanism (ERM). This was the centrepiece of the European Monetary System (EMS), agreed in 1978 as a means of reducing the "barrier" that exchange-rate volatility presented for intra-Community commerce (and for the management of payments under the Common Agricultural Policy).
Britain had signed up to the ERM in 1990 as a token of the government's commitment to control inflation (then running at three times the rate of Germany). From the beginning of 1990, high German interest rates, set by the Bundesbank to counteract inflationary impact of the expenditure on German reunification, caused significant stress across the whole of the ERM. By the time of their own ratifications debates, France and Denmark also found themselves under pressure in foreign exchange markets, their currencies trading close to the bottom of their ERM bands. In Britain, the government of John Major failed in a costly attempt to keep the pound above its mandated exchange rate limit. While a political humiliation, sterling's exit from the ERM was followed in the UK by economic recovery and a significant fall in unemployment.