The document outlines the various decision-making models within the European Union (EU), highlighting the Community Method, Intergovernmental Cooperation Method, Open Method of Coordination, Centralized Regulation, and Enhanced Cooperation. It discusses the evolution of these models, particularly in response to crises like the financial and refugee crises, which have shifted some focus back to intergovernmental methods at the expense of the Community Method. Additionally, it addresses the EU's competences as defined by the Lisbon Treaty, categorizing them into exclusive, shared, and supporting competences while examining the implications of crisis management on the EU's legitimacy and effectiveness.

2. 01 Introduction
02 Decision-making Models of the EU
03 Decision-making competences of the EU
04 The Crisisification of Policy-making in the EU
05 Conclusion

3. Decision
-making
Models

4.  5 different decision-making models:
• the Community Method (CM)
• the Intergovernmental Cooperation Method (ICM)
• the Open Method of Coordination
• the Central Regulation Method
• the Enhanced Cooperation Method
 These methods co-exist in various degrees

5. The CM nowadays is based on the relationship between the European Commission, the
European Parliament and the Council of Ministers.
The main elements of the CM are:
• The European Commission has the monopoly for initiating legislative procedures
• The Council of Ministers decides by qualified majority voting
• The European Parliament is a full partner in the legislative process
• Member States and the EU institutions can take a case to the European court
• The Community Method currently applies to issues related to the 'first pillar'
The Community Method (CM)

6. The Intergovernmental Cooperation Method
• It does apply to the Common Foreign and Security Policy and to Justice and Ho
me Affairs, which were introduced as 2nd and 3rd pillar in the Maastricht Treaty of
1992
• The right of initiative is mostly shared by all Member States and the European C
ommission
• The decisions in the Council are adopted by unanimity
• The role of the European Parlament is purely consultative

7. The Open Method of Coordination
The open method of coordination (OMC) is a relatively new and intergovernmental method base
d on the voluntary cooperation of its member states and is mainly used in the area of social pol
itics.
• The open method rests on soft law mechanisms  Do not have legal binding force and ther
efore there are no sanctions for laggards
• It is a decentralized approach through which agreed policies are largely implemented by the
member states and supervised by the Council of the European Union
• The involvement of the European Parliament and the European Court of Justice is very lo
w
• The European Commission has primarily a monitoring role

8. Centralized Regulation and Enhanced Cooperation
Centralized
Regulation
Applies only in certain defined and limited domains
where governments agree that proper decisions
can only be taken by a supranational and
independent institution on behalf of the general
interest
Decisions are taken by the Commission; the EP
and the Council are left out because they are too
close to do an independent reflection
Enhanced
Cooperation
Enhanced cooperation allows for a group of member
sates (min. 9) to co-operate within the structures of
the EU
This allows them to move at a different speed and
towards different goals than those outside the
enhanced cooperation area
It is designed to overcome paralysis, where a
proposal is blocked by the veto of an individual state
or a small group who do not wish to be part of the
initiative.

9. Evolution of CM and ICM
Initial procedure
• The traditional procedure was the CM based on the relationship between the Commission a
nd the Council
• The Commission proposed and implemented legislation whereas the Council adapted and re
alized the legitimation of legislation
• Decision were taken unanimously
• The Court ensured that decision-making process worked efficiently and ensured the correct
application by member states.
• The Parliament did not play an important role until the 1980s
Autonomy of the Commission
European integration as a process beyond the reach of the member states
Member states got gradually deprived of their sovereignty

10. Empty Chair Crisis and Luxembourg Compromise
Evolution of CM and ICM
 After a transition period of 10 years: Decisions in the Council should be taken by a qualifie
d majority
 France did not consent, because they would lose their power to block unpleasant decision
s
 Solution: Luxembourg Compromise (January 1966)
 Veto power for every state on “very important national interests”
 Suspending the use of the majority rule in the Council
 Council was now the central decision maker, the Commission lost gradually its power

11. Evolution of CM and ICM
Single European Act (1987)
• Major revision of the treaty of Rome from 1957
• Upgraded the role of the EP and gave it a real say in legislation
• Reinforced the dual logic of decision-making
 CM for routine decisions or those of minor importance and core policies
(=low policies)
 Intergovernmental decision-making for key decisions and less integrated
policies (=high policies)
 Duality was used implicit until formalization through treaty of Maastricht

12. Evolution of CM and ICM
Treaties of Maastricht, Nice, Amsterdam and Lisbon
• Treaties of Maastricht, Nice, Amsterdam and Lisbon
• Institutionalized the intergovernmental method, reduced the scope of it but doe
s not question in
• Expanded the scope of the CM
• Continued upgrading the role of the parliament

13. Evolution of CM and ICM
Financial Crisis 2008 / Refuguee Crisis / Brexit
• Due to political sensitivity of the issues and growing Euroscepticism in a l
ot of the member States the Member States preferred turning to the inter
governmental method at the expense of the CM
• ICM has gained back an important influence in the setting of the legislativ
e agenda
Crisis in the EU not as crisis of integration but as a crisis of the CM?

14. Decision-making competences

15. A historically confused division of competences
• Exercise the power
• Priori list
Theory of implied
powers
Article 352 TFEU
The Rome Treaty
• Mechanism for cooperation
and verification
• Acquis suspension
Differentiated integration in
the EU
• Conferral (attribution)
• Principle of Subsidiarity
• Principle of Proportionality
The Lisbon Treaty

16. The competences of the EU
Lisbon Treaty
 Exclusive Competences (Art. 3 TFEU)
 Shared Competences (Art. 3 TFEU)
 Supporting Competences

17. Exclusive Competences
 Customs Unions;
 Establishment of the competition rules necessary for the functioning of the internal mar
ket;
 Monetary policy for the Member States whose currency is the Euro;
 The conservation of marine biological resources under the common fisheries policy
 Common commercial policy
 Conclusion of an international agreement when it is provided for in a legislative act of th
e Union, necessary to enable the Union to exercise its internal competence.

18. Shared Competences
 Internal Market;
 Social policy;
 Economic, social and territorial cohesion;
 Agriculture and fisheries;
 Environment and Consumer protection;
 Transport; Trans-European networks; Energy;
 Area of freedom, security and justice;
 Common safety concerns in public health matters;
 Research, technological development and space;
 Development cooperation and humanitarian aid.

19. Supporting Competences
 Protection and improvement of the human health
 Industry;
 Culture;
 Tourism;
 Education, vocational training, youth and support;
 Transport; Trans-European networks; Energy;
 Civil protection;
 Administrative cooperation.

20. What is a crisis? Threat to core values or essential societal str
uctures under conditions of uncertainty

21. EU crises and the EU‘s reactions
• Intelligence cooperation
• Deradicalization efforts
• EU counter-terrorism strategy (2006)
Madrid bombings (2003)
London bombings(2005)
• Pledging loans for debtors
• European Stability Mechanism (2012)
Euro debt crisis (2007-)
• Solidarity clause action plan (2012)
• Migration crisis action plan (2013)
Refugee crisis (2011-)

22. EU Crisis Management – Issues
• Interconnectedness  more severe and complex crises
• Policy diffusion
• Shapes nature of EU
• Urge to make Europe safe  drives crisisification

23. EU Crisis Management – Solutions

24. Implications of Crisisification

25. Food for thought
Is the way the EU deals with crises
putting the EU in a crisis regarding it
s legitimacy and effectiveness?

26. Thank you!

27. Sources
European Commission (n.y.): 2007-2017 a timeline of EU actions since the
start of the crisis. Retrieved from: http://europa.eu/rapid/attachment/IP-17-2
401/en/2007-2017%20-%20Timeline%20of%20EU%20actions.pdf (accesse
d March 23, 2019)
European Commission (2019): Crisis management. Website of the Europea
n Commission, Migration and Home Affairs. Retrieved from: https://ec.europ
a.eu/home-affairs/what-we-do/policies/crisis-and-terrorism/crisis-manageme
nt_en (accessed March 24, 2019)
Rhinard, Marc (2019): The Crisisification of Policy-making in the European
Union. In: Journal of Common Market Studies, 1-18