2 - Institutions

Summary

The Basic Model: Supranational or Intergovernmental

Intergovernmental cooperation is the traditional form for cooperation among nation states and their governments. The United Nations and the World Trade Organisation (WTO) are examples. These two organizations are among the most advanced and binding forms of intergovernmental cooperation aimed at decisions, which the member states should implement. Most forms of intergovernmental cooperation are based on a loose structure reflecting willingness of countries to sound out other nations, to listen to what they have to say, and if necessary or convenient, to adopt decisions, but regardless of form and substance, decisions cannot be enforced. Decisions are taken by unanimity. If anything, institutions are weak and normally confined to secretarial duties with little or no powers to put proposals forward. The member states and their governments reserve for themselves the right of initiative and to consider what to do in case of non-compliance.

Intergovernmental cooperation is a political model in the sense that it is up to the member states and their political systems not only whether they want to take decisions, but also whether to implement them, even if taken by unanimity. The member states guard their national sovereignty — jealously and meticulously. Decisions target nation states and their governments, not citizens and/or corporations. Decisions taken by the United Nations Security Council and certain decisions by the WTO are binding, but these are exceptions to the rule.

An international integration based upon supranationality introduces a rule-based system, where decisions are taken in accordance with an agreed procedure often introducing some kind of majority voting, with strong institutions and binding treaties serving as the foundation for the integration. Not only are decisions binding, they can be enforced. Decisions will often apply directly to citizens and/or corporations in member states, replacing national legislation, and in case of contradiction between the national legislation and legal acts adopted by the integration, the national legislation is overruled.

In the European Union, the European Court of Justice has the power to overrule national decisions, if they contradict EU decisions, regardless of whether the said member state voted for the decision, abstained, or voted against it.

The two fundamental, conceptual differences between intergovernmental cooperation and international integration based upon supranationality are: Supranationality pools sovereignty to exercise it in common, while intergovernmental cooperation leaves member states to exercise sovereignty alone and in a national framework.