Slovakia and the Limits of European Integration

Transcription

1 SLOVENSKÁ SPOLONOS PRE ZAHRANINÚ POLITIKU SLOVAK FOREIGN POLICY ASSOCIATION Hviezdoslavovo nám. 14, Bratislava phone: , , fax: sfpa@sfpa.sk, Slovakia and the Limits of European Integration Study for the Project Forum for EUrope Vladimír Bilík / Aneta Világi September 2007

2 Content 1. Introduction Foreshadowing of Slovakia s EU Policy National Convention on the European Future of Slovakia Beyond the National Convention Slovakia and the reform of EU institutions and policies The Convention on the Future of Europe Slovakia s preferences in the Intergovernmental Conference (IGC) Slovakia s response to the crisis of EU reform Other elements of Slovakia s EU Policy EU enlargement Extension of EU Freedoms Adopting the Euro Assessing the Costs and Benefits of EU Membership Conclusion Bibliography

3 1. Introduction 1 The aim of this study is to explain the underlying factors behind discernible Eurosceptic tendencies in Slovakia by tackling the following research question: How can we explain Slovakia s views on the limits of European integration? The study considers Slovakia s integration strategies as a dependant variable, whereby the term integration strategy denotes a set of the country s policy and institutional preferences in the EU. (See Malová et al., 2005). Drawing on Europeanization literature (Featherstone and Radaelli 2003, Schimmelfennig and Sedelmeier 2005, Pridham 2002) that has been dealing increasingly with the impact of new post-communist EU member states on the study of European integration this particular study considers two key independent variables that help explain the nature of Slovakia s preferences and behavior in the European Union. First, it identifies the nature of the country s accession process into the European Union and the nature of its EU membership that is marked by a number of limitations through the existence of several transitional arrangements for the achievement of full-fledged membership in the European Union. Hence, it focuses on a set of international factors that have framed and largely constrained the country s path into the EU and its place within it. Second, it assesses the degree of domestic politicization of the EU membership. In other words, it looks at the degree to which Slovakia s political parties have presented a differentiated set of preferences within the European Union. While focusing primarily on the attitude of the political elite, the study also presents a summary finding of public opinion surveys toward the main policy and institutional issues discussed within the European Union since the EU enlargement in The study focuses on the period from the accession process to It does not attempt to answer big questions but rather through a case study of Slovakia s changing preferences within the European Union it strives to tap into a more comprehensive debate on the nature of EU membership and the corresponding views on the limits of European integration. It 1 The authors would like to acknowledge gratefully the generous support provided through the IDM in Vienna and specifically the project Forum for EUrope. We are thankful to Susan Milford and Gejsi Plaku for their comments. The study has also benefited from research conducted on new member states strategies funded by the Slovak Research and Development Agency (No. APVV ). 3

4 combines both the analysis of the international environment and its impact on Slovakia and the analysis of changing domestic preferences of relevant political actors for Slovakia s role within the European Union. Thus, it uses Robert Putnam s two-level game approach as an essential metaphor for the overall framework of the study (see Putnam, 1988). In terms of research, the study surveys the elite views pronounced by Slovakia s politicians toward a) key strategic issues of deepening and widening of the EU (institutional and policy reform, EU enlargement, EU financial perspective) and b) key policy areas necessary for the completion of Slovakia s full-fledged membership in the EU (four freedoms of the Single European Market, the adoption of the euro, the extension of the Schengen area). It also presents the available domestic and international (Eurobarometer) findings on changing public trends toward the aforementioned issues of EU widening, EU deepening and the completion of EU enlargement from 2004 (full extension of the four EU freedoms, enlargement of the Eurozone and the Schengen area). The study presents its findings based on evidence gathered through analysis of speeches, official documents as well as secondary sources, such as news, studies and supporting evidence gathered through elite interviews with policymakers. Since Slovakia has a new government as a result of parliamentary elections in June 2006 the analysis of data up to the complete 3 rd year of Slovakia s membership in the EU (May 2007) allow us to capture more fully the changing dynamics of the domestic level of analysis. The same applies to the international level of analysis with the most recent enlargement of the EU to Bulgaria and Romania in The case study of Slovakia s preference formation within the European Union helps us develop two conclusions relevant for a body of literature on international relations and on Europeanization. First, drawing on literature on two-level games the case study demonstrates that the ability of domestic actors to perform in an international arena depends crucially on whether the interacting parties within a given international system also happen to belong to the same international regime of shared rules and norms. As this study shows, Slovakia s capacity for preference formation and thus for a greater realm of public policy action has been enhanced by membership in the EU. In the case of successful candidate countries the European Union appears to strengthen rather than to weaken the state as a capable international actor. This specific finding seems to testify to a more general claim that the 4

5 European Community enhances the role of states. (Moravcsik, 1994) However, the case of Slovakia additionally illustrates that the enhanced position of a state is not just a matter for the study of grand intra-eu bargains (Moravcsik, 1999). The latest round of EU enlargement also provides fertile ground for the investigation of external factors of integration to promote statebuilding process in Europe. (Grabbe, 2006, Vachudova, 2005). The empirical contribution of this study stems from the fact that the emergence of Slovakia s EU policy (dependent variable) had principally to do with its shift from an outsider to an insider of a particular international regime (the European Union). Whereas before accession into the European Union Slovakia could respond to the acquis (independent variable) largely with a single foreign policy goal of wanting to join, since EU entry Slovakia s responses could take on a much more diverse form. Therefore in the case of an asymmetric international position of the negotiating parties the model of two-level games makes analytical sense only if contrary to Moravcsik s claim we assign priority to the international regime that represents an explicit object of the international bargain (in this case EU membership) as the exclusive agendasetter. Second, this study draws on a body of literature on Europeanization that claims that both candidate countries and member states are subject to effects of the same independent variable, namely the bulk of acquis communautaire 2. (Börzel, 1999, Schimmelfennig and Seidelmeier, 2005) Yet, Slovakia s particular example shows the increasing importance of studying and understanding the complexity of new member states EU policies as exogenous responses to policymaking demands of the European Union. Slovakia as a member state no longer has the EU as its foremost foreign policy goal whose fulfillment depended almost exclusively on a successful one-way transfer of EU rules and norms into the domestic Slovak legislative and political setting. The disappearing asymmetry of the post-2004 Slovak-EU relations meant that the European Union became less a matter of foreign affairs and more a subject of public policy. Slovakia within the EU - as opposed to Slovakia outside the EU - possesses the ability to pronounce its own preferences. This study therefore argues that literature on Europeanization must be concerned with a detailed and systematic study of such preferences in order to understand better the interactions between the body of the acquis and individual EU member states. 2 The term acquis communautaire is not used here just in a strict legal sense but refers to the whole set of EU legal, political and institutional norms and demands. 5

6 In the case of post-communist Central European states the EU accession assigned the overriding primacy to foreign policy goals such as the achievement of membership in the European Union. However, EU membership, contrary to EU candidate status, creates a new operative space for the formulation and implementation of a country s public interests whereby the term operative space denotes the country s ability to assert its array of preferences. With the gradual transition from a status of a candidate country to its EU membership, Slovakia s operative space has been enhanced. The emergence of Slovakia s EU policy is thus a direct consequence of a new setting of international relations that in today s Europe help transform the traditional term of foreign policy. In practical terms this means that while as a candidate country during accession talks Slovakia responded to the evolving EU acquis almost exclusively with compliance or promises of future compliance, Slovakia as an acceding country and as a member of the EU responded to the demands of the EU with a variety of preferences. Recent Europeanization literature (Pridham, 2005, Featherstone and Radaelli, 2003, Grabbe 2006, Vachudova 2005) stresses the importance of domestic politics in explaining the responses of the candidate countries to the incentive of EU membership. This argument though applies primarily to the precarious period of interactions between the EU and candidate countries preceding the firm locking-in of the latter by the former in an advanced state of accession talks. Indeed, the case of Slovakia s domestic political developments during the mid-1990s represents an exemplary case confirming the relevance of domestic politics explanations for variation in the post-communist states responses to the possibility of EU membership. Astute observers of that period came to the conclusion that this country s transition to post-communist rule was a borderline case between that of more advanced Central European and lagging South-East European countries. (Szomolányi 2000: 16) and due to its undemocratic domestic political practices Slovakia was excluded from EU accession talks at the EU summit in Luxembourg because it represented the one clear-cut instance of failed response to democratic conditionality set out by the Copenhagen criteria in (Pridham 1999: 1223). It was only after Slovakia s democratic awakening (Bútora, 1999) that Slovakia s politicians made a full use of the EU incentives. 6

7 Yet, this contribution does not engage the precarious period concerned with a critical evaluation of the EU s democratic conditionality. Its primary focus is the latter period of interactions between the EU and Slovakia ( ) that led to a gradual materialization of the country s EU policy in the form of distinct ideas and predilections as responses to EU demands. These preferences became most distinct during the debates on the future of Europe in the aftermaths of the agreement on the Treaty of Nice (2000) and in the contexts of the Convention on the Future of Europe (February 2002 July 2003) and the Intergovernmental Conference (October 2003 June 2004) on the EU Constitution. 3 As Slovakia s position visà-vis EU institutions and member states shifted from 2000 onwards the study emphasizes the importance of international relations explanation for the emergence of a new EU policy characterized by diverse elements ranging from compliance with EU standards (such as the desire to adopt rules in line with the Schengen system or the Eurozone) to opposition to possible EU acquis (in areas such as social or tax policy). The reason for highlighting the importance of changing international regime for the country s ability to utter new preferences stems from the fact that an important part of the content of Slovakia s nascent EU policy was not endogenously connected to the logic of accession process. 4 Rather, a whole set of Slovakia s preferences had exogenous sources outside the terms and bounds of the accession process. 5 Hence, the case of Slovakia s EU policy illustrates the limits of historical institutional arguments (George, 1985, Sandholtz, 1993) that generally favor path-dependant explanations that shifting national preferences are an unintended consequence of prior integration. (Moravcsik, 1999: 489) Rather, the empirical finding of the study serves as a partial confirmation to rationalist explanations of domestic responses to the offer of EU membership. A recent seminal work on the impact of the EU on candidate countries identified that domestic political elites complied with the EU acquis because compliance imposed relatively low or minimal costs on the power base of ruling elites (Vachudova 2005: 75). In the case of Slovakia this cost was high under the Meiar led coalition government from 1994 to 1998 but by 2000 the cost of compliance was low as EU requirements corresponded broadly with 3 Officially named as The Treaty Establishing the Constitution for Europe. 4 Examples of preferences endogenously connected to the logic of accession process are the aforementioned goals of joining the common currency or entering the Schengen regime. 5 Good examples are strong preferences in the area of EU justice, security and defense policy, direct taxation or social standards. 7

8 the thrust domestic political and economic agendas. While domestic factors are a powerful tool in explaining the pursuit of an overriding foreign policy priority such as EU membership, they hardly suffice to capture the consequent emergence of a country s EU policy. The latter is only possible as the sine qua non result of an altered international environment that no longer demands just compliance but also calls for action of countries. 8

9 2. Foreshadowing of Slovakia s EU Policy This part maps the very nascent emergence of Slovakia s EU policy that resulted from the shift of Slovakia s position of a candidate country in 1999 and early 2000 to a serious contender for membership in the EU firmly locked in the accession talks by It identifies the first openings for the articulation of Slovakia s EU policy as responses to the agenda set by the EU alongside the contents of the enlargement talks. Namely, the year 2001 becomes the beginning of a broad debate on the Future of Europe in the aftermath of the Treaty of Nice that allotted the EU of fifteen member states the institutional room for enlargement to as many as twelve new member states but that did not necessarily prepare the EU institutions for effective action of a larger Union. The study thus first identifies the conclusions of the Treaty of Nice and the subsequent calls for a new debate on the reform of the Union that should also include all candidate states. Against this backdrop, the study then identifies the initial glimpses of Slovakia s exogenous preferences for the EU. At this pre-accession state, however, their full-fledged emergence still remained constrained by the asymmetric relationship between the Union and Slovakia. The following lines analyze the Slovak elite political visions and attitudes towards the future of the European Union. They illustrate that even though the Slovak discussion on these issues became institutionalized the country lacked an in-depth debate and differentiated concepts on the reform of the European Union. The course of the discussion on the functioning of the future enlarged European Union reflected in part other priorities of the Slovak political scene. The quality of the debate on the future of Europe also mirrored the insufficient foreign policy expertise across the political parties in Slovakia. The existing concepts on the reform of the EU largely supported implementation and further development of federal principles. However, in general the discussion remained underdeveloped and at this stage especially more advanced euro-skeptic or euro-critical positions were lacking. In fact, by September 2001, not a single Slovak politician had contributed a substantial view to the discussion on the Union s future shape. In the eight months following the Nice summit, the country did not contribute a single thought-provoking opinion to the debate on the future of the European Union. It confined itself to reactions by Slovak diplomats to the opinions of politicians from EU member states. For instance, in response to a speech by French Prime Minister Lionel 9

10 Jospin, who offered a notion of the Union as a federation of strong national states, former Slovakia s Foreign Minister, Eduard Kukan, said he preferred the vision of German Chancellor Gerhard Schröder, who advocated a more integrated Union with a clear division of powers (Sme daily, May 30, 2001). In a speech at the end of April 2001, Schröder proposed that the European Commission could become a European cabinet, while the Council of Ministers could become a chamber of states similar to the Bundesrat, the upper chamber of the German parliament. 12 Although Schröder s proposal went too far, given the Union s existing institutional structure, according to Ján Fige, Slovakia s chief negotiator with the EU, the Union s smaller members were better off endorsing and actively supporting its supranational organs. Fige reasoned that small countries sometimes found it difficult to communicate with partners in larger states on an equal basis; consequently, Fige argued, a more efficient European Commission should be encouraged, as well as a stronger European Parliament, and more balanced relations between the Union s common organs and its member states (Zsilleová, 2001) National Convention on the European Future of Slovakia During the Nice summit, the EU called on candidate countries to present their views on the future of Europe. In reaction to the Union s call, the Foreign Ministry founded the National Convention on the European Future of Slovakia, which convened for the first time on May 14, 2001, in Bratislava. 6 The convention was a forum for representatives of the cabinet, parliament, political parties, non-governmental organizations, the academic community, trade unions, and churches. Its main objective was to debate and to seek consensus on the issues to be discussed at the upcoming Intergovernmental Conference. With the First Meeting of the National Convention on the European Future of Slovakia, the country became the first EU candidate country to open a nationwide public debate on the future shape of the European Union (Sme daily, May 15, 2001). 6 See for more details on both the history and the contents of this body. 10

11 A brief debate on the future functioning of the European Union was held during the First Meeting of the National Convention in May The floor belonged primarily to members of the Slovak National Council (the Slovak Parliament). They expressed their support to general principles of the European Union s reform however, they dealt with no particular agenda of reform. The majority of presentations called for the strengthening of federal principles of European integration. In particular Jozef Migaš, then Chairman of the Slovak National Council and the leader of the Party of the Democratic Left (SD - Strana demokratickej avice), underlined in his speech the importance of the National Convention that is of a great benefit to all citizens. He said the European Union had to be turned into the Europe of citizens. He promoted the federalization of Europe and the strengthening of the European Parliament's position. The Second Meeting of the National Convention on the European Future of Slovakia was held on October 1, The floor belonged primarily to representatives of major coalition and opposition political parties. Representatives of churches and non-governmental organizations also took part in the discussion. Apart from some reservations of the Movement for Democratic Slovakia and the Christian Democratic Movement (KDH - Kresanskodemokratické hnutie) related to strengthening of federal principles of integration, the majority of speakers encouraged Slovakia to tend towards further development of integration based on common community principles. Debates at the Meeting commenced on the basis of a comprehensive report issued by the Working Group of the Ministry of Foreign Affairs. This report called for a strengthened position of the European Parliament. It supported the proposal that the Charter of Fundamental Rights becomes a legally binding document. It called for a more precise delimitation of powers between the European Union and Member States, reflecting the principle of subsidiarity and expressed a general support to the strengthening of community principles within the future enlarged European Union. In addition to the position of the Working Group the SD was the only political party that submitted a contribution to the debate. Represented by Peter Weiss, Member of Parliament and Chairman of the Committee of Foreign Affairs of the Slovak National Council, it outlined the party s approach to the reform of the EU s institutions. 7 A notice on the First Meeting of the National Convention on the European Future of Slovakia can be found at 11

12 Key contributions from within the executive came from the Prime Minister and the Foreign Minister. Mikuláš Dzurinda, that time Slovak Prime Minister and Party-leader of the Slovak Democratic and Christian Union (SDKÚ - Slovenská demokratická a kresanská únia) said cautiously that it was too early to estimate whether the future Europe would be based on federal, confederal or some other principles. He placed emphasis on the future general application of the principle of subsidiarity. According to Dzurinda, there was no alternative to Slovakia's membership in the European Union. Dzurinda emphasized that the tragic events of September 11, 2001 brought the forefront of integration s priorities the areas of foreign and security policies. Dzurinda underlined the importance of the National Convention in fostering the Slovak debate on the future of Europe and in aspiring to some common positions that could be presented abroad. Eduard Kukan, Slovak Minister of Foreign Affairs, said the discussion on the future of the Union should answer questions related to the EU s adaptation to the new post-cold War arrangements, to the Europe s global economic position and to the need for a broad public involvement into the European events. According to Kukan there was no need to establish a new European Union, but to accommodate its mechanisms to the EU's new position. Kukan also briefly addressed some issues related to the Union s agenda of reform resulting from conclusions adopted in Nice. Namely, the position of national parliaments should be viewed in the complex perspective of a more general need for the strengthened parliamentary principles. Eduard Kukan emphasized that the delimitation of powers between the Union and Member States is especially important to promote national identity of Member States and to the improvement of transparency of European decision-making procedures. One major contribution on the limits of integration came from Vladimír Palko, Chairman of the KDH????? and of the Committee of National Security and Defence of the Slovak National Council who criticized activities of the European Parliament (EP), the institution that regularly passes recommendations related to culture and ethic issues including human life, family, human dignity and social security. The KDH was convinced there was no reason to delegate the decision-making powers in this area to the European Union. Vladimír Palko considered the cultural and ethic issues to be the most sensitive ones and would like to keep the related prerogative powers under a sovereignty of Member States. In connection with this 12

13 demand Palko informed the floor the KDH was preparing the Draft Declaration on Cultural and Ethical Sovereignty of the Member and Candidate States to be submitted to the National Parliament. The Third Meeting of the National Convention on the European Future of Slovakia was held on March 4, The meeting was addressed by the President of the Slovak Republic who expressed his support for the idea of European federation. Responding to the First Meeting of the Convention on the Future of Europe held in Brussels on February 28, 2002, the National Convention on the European Future of Slovakia adopted common conclusions. These reflected the support of the National Convention to the equal representation of Candidate States within the European Convention and demanded their representation in the Presidium of the Convention. In his speech Rudolf Schuster, President of the Slovak Republic, called for more European Union. According to Schuster, the European Union should be turned into a global power. Schuster criticized Slovak political parties for their failure to participate more actively in the domestic discussion on the European future. The Slovak President outlined his own vision on the future of the European Union. As a possible model for Slovakia he cited the successful experience of smaller countries like Ireland, Finland, Sweden and Portugal. Rudolf Schuster considered the EU based on federal principles to Slovakia's advantage, "A model of federation has been tied to the area of Central Europe since the time of Milan Hodža." 8 The Slovak President challenged the Slovak political actors to come up with positive initiatives and not to define Slovakia's position vis-à-vis the European Union in negative terms Beyond the National Convention Apart from the work of the National Convention politicians and political parties presented their own statements and preferences vis-à-vis the European Union. This part therefore offers a brief survey and analysis of declarations, political statements and views of national authorities and major political parties. The analysis focuses on their attitudes towards some 8 SME, Schuster by chcel federatívnu úniu, March 5, Rudolf Schuster, President, reflected in his note his moderate and rather critical attitude to the Declaration on Cultural and Ethic sovereignty of Member and Candidate States. 13

14 specific issues related to the reform of the European Union (the European Constitutional Treaty, division of powers, the Charter of Fundamental Rights and a role of national parliaments). It also contains views on a broader vision of the future of the Union (federal principles versus intergovernmentalism) and on the economic model of the Union. Even though the national discussion related to the mentioned above issues was partially institutionalized in the form of the National Convention on the European Future of Slovakia, Slovak political leaders have presented no principal attitudes concerning the future functioning of the Union until the beginning of First, Mikuláš Dzurinda, former Slovak Prime Minister, addressed the floor at the Humboldt University in Berlin on February 19, 2002 and presented his view on the reform of the European Union. 10 Dzurinda was speaking at the place where the German Prime Minister presented his vision of the enlarged and integrated Union on May 12, Dzurinda emphasized that the Europeanhood is embodied first and foremost in a model of culture and civilization promoting common values of liberal democracy, civil society and individual rights. The Slovak Prime Minister said the need of bringing the Union s institutions closer to citizens was one of the greatest challenges the Union had ever been facing. He supported the idea of the European Constitution or the European Constitutional Treaty, a political and legal document that should have been passed to define basic principles of the Union. In his opinion, this document should: summarize actual results of the integration process and trace its further development make relations within the Union more transparent translate the Union s functioning into the language that can be understood by ordinary citizens Dzurinda assumed the European Constitution to become a further acknowledgement and material expression of the European accord after the adoption of the common European currency. It is quite uncertain, however, whether and then the political will becomes favorable for its adoption. The Laeken Declaration speaks on a long-term horizon. The former Prime Minister dealt also with the division of powers in his speech. Referring to the principle of subsidiarity, he favored the idea that European institutions should have dealt 10 The speech of Mikuláš Dzurinda, Prime Minister of the Slovak Republic, The Debate on the European Constitution A Slovak View, Humboldt University, February 19,

15 exclusively with the issues that are efficient and meaningful to be solved at this level. A form should not prevail over the content. The European Union should deal with issues crossing national borders (organized crime, environment), with advantages of coordinated performance (food safety, consumer protection), removal of barriers (economy) and the effectiveness of common policy (common defense, foreign policy, protection of external borders). In his speech, Dzurinda called for a legally binding character of the Charter of Fundamental Rights and he appealed for consolidation of security and defence in Europe. Even though Slovakia is still convinced the security of future Europe shall be based on the trans-atlantic cooperation, Europe itself, Dzurinda says, is eligible to become a strong global actor and to take its full responsibility for the future of the world. Summa summarum, that time Prime Minister called for further integration, for transparency and simplification of the Union s fundamental treaties and its legislative framework and for its stronger involvement in the world affairs. Eduard Kukan, Slovak Minister of Foreign Affairs in , addressed the European Policy Center in Brussels on March 7, In his speech, he emphasized that, like other Candidate Countries, Slovakia had been excluded, thanks to the course of history, from the full participation in the gradual process of European integration. He said that the Treaty of Nice was not ambitious enough. Speaking on the post-laeken agenda and objectives of the Convention of the Future of Europe, the Slovak Minister of Foreign Affairs overlapped in many respects with the attitudes of Mikuláš Dzurinda, that time Slovak Prime Minister. He divided the Convention s objectives into three fundamental groups: 1. democratization, transparency and effectiveness 2. division of powers 3. the European Union s fundamental treaties Referring to reforms in the first group of objectives, Eduard Kukan underlined the need for a well-balanced strengthening of both the European Parliament and national parliaments. As to the division of powers, he promoted a firm application of the subsidiarity principle. He was convinced that longing for the Union that functions effectively, we cannot be bound by the intergovernmental principle. Should a decision-making mechanism be flexible and effective, it will necessarily lead to further strengthening of the community principle. The Slovak 15

16 Minister of Foreign Affairs based his attitudes on a premise that whatever is useful for the Union, is useful also for Member States and, vice versa, whatever is good for Member States, is good for the European Union, too. Speaking about the Union s new fundamental treaties, Eduard Kukan supported the idea of the European Constitution dividing the contemporary European legislation into the Fundamental Treaty and a group of other provisions of present agreements. 11 The National Council of the Slovak Republic (the parliament) passed the Declaration on Cultural and Ethical Sovereignty of Member and Candidate States submitted to the National Parliament by the Christian Democratic Movement (KDH) even though it was refused by the Slovak Government on January 30, representatives from a number of 101 voted for the Declaration, 15 of them voted against it, 20 representatives refrained from the voting and 7 of them did not vote at all. The Declaration was supported by representatives of the KDH, HZDS, SDKÚ, OKS, DS (the Democratic Party - Demokratická strana, DS), SNS (the Slovak National Party Slovenská národná strana) and PSNS (the Right Slovak National Party Pravá slovenská národná strana). 12 The Declaration primarily called for observing the principle of sovereignty of Member and Candidate States in the sphere of ethics and culture leaving decisions on cultural and ethic issues (such as protection of life and human dignity from conception to death, protection of marriage and families appreciated as fundamentals of the society) and decisions on related issues of health care and education under the exclusive power of Member and Candidate States fully respected by the Union. The Declaration considers the principle of subsidiarity to be a reliable principle governing the division of powers which should be respected even in the sphere of ethics and culture. The Declaration substantiated the attitudes of the Slovak National Council, but it was not a legally binding document. Even though it defined these attitudes precisely, its effectiveness in terms of practice is uncertain. The European Union has no common standards related to the above mentioned cultural and ethic issues nowadays. The Declaration defines Slovakia s position towards the Union in negative terms. It brought no positive initiatives for future 11 The address of Eduard Kukan, Slovak Minister of Foreign Affairs, "Slovakia's vision of the Future Functioning of the European Union", European Policy Center, Brussels, March 7, Pravica a avica sa nezhodli na hodnotách, SME, January 31,

17 integration process. The Declaration does not define explicit cultural and ethical standards 13, nevertheless, its opponents consider it to be useless and nothing, but the KDH s attempt to misuse the authority of the Slovak National Council and to sanctify their own ultraconservative attitudes to family and marriage, to people s reproductive behavior, abortions, sexual education and relations of the society to minorities of different sexual orientation and to upgrade these attitudes to the position of an undisputed feature of the Slovak national identity. 14 Debates on the Declaration brought to life a division of political views of members of the Slovak Parliament into the supporters of conservative and liberal values. Passing the Declaration, the coalition and opposition parties voted in an agreement, which is unusual in Slovak politics. Members of Slovak parliament had miscellaneous reasons for their positive vote for example, František Šebej, Chairman of Committee of the European Integration of the Slovak National Council, voted in favor of the Declaration as an expression of his criticism of some centralizing tendencies in the European central administration. 15 Cultural and ethical issues are not in the Union s powers and there was no formal response to the Declaration from the European Union. Besides debates held within the National Convention on the European Future of Slovakia and particular statements of Slovak political leaders, political parties in Slovakia developed no comprehensive answers to questions related to European institutions that were raised on the basis of conclusions of the Nice Conference and specified by the Laeken Declaration in December New political parties established within the electoral term of did not either present any legible concept related to Slovakia s future position within the enlarged European Union yet. Following its political programme, the New Citizen s Alliance (ANO - Aliancia nového obana) pretends to be a liberal party attached to the values of free market and civil liberties. Pavol Rusko, Party-leader, says, it would be better at the moment to begin with such a model of European institutions that would respect national states and their cultural identity. Rusko considers the integration process to be developing in stages thus it is 13 The Declaration just requires these issues to be decided by Member or Candidate States. 14 A response of Peter Weiss, Chairman of the Committee of Foreign Affairs of the Slovak National Council. See SME, January 31, See SME, January 31,

18 easier, in his opinion, to advance from confederation to federation on the basis of gradual delegation of powers and gradual approximation than through shocks and oppression depriving the Member States of their substantial powers related to taxation and tax redistribution. 16 Similarly, the SMER, another newly established political party, has presented no conception related to the reform of the Union s institutions. The SMER formally pretends to be a party pursuing the middle course policy respecting both a role of the market and a role of the state competent to keep the order and observance of law. 17 As to the well-established political parties, in the 1990s and at the beginning of the 21 st century the strongest one - as to the election preferences - the Movement for Democratic Slovakia (HZDS) markedly failed to develop any concepts regarding the future of integration. In its attempt to regain some international credibility following the negative experience of the Meiar-led coalition government between the HZDS has generally abstained from euroskepticism and critical views of Slovakia's integrationist efforts. The Slovak Democratic and Christian Union (SDKÚ) of Mikuláš Dzurinda, is also lacking in a deeper integration conception. 18 The Hungarian Coalition Party (SMK - Strana Maarskej koalície), the party operating at the Slovak political scene for several years, avows to the principle of subsidiarity related primarily to language, cultural and political identity of Hungarians minority in Slovakia. The Democratic Party (DS) welcomes conclusions of the Laeken Conference and, a statement on the need to reduce the Union s bureaucracy and centralism in the Closing Declaration in particular. 19 The DS drew general attention to risks of the German Chancellor, Gerhard Schröder s conception based on federal principles which is partially promoted by the Slovak Ministry of Foreign Affairs. They consider the European Union of these days to develop in a multispeed manner since not all the Member States participate at such substantial arrangements like the Treaty of Schengen or the European Monetary Union ANO s press conference, December 17, A political programme related to the party s middle course policy was adopted at the SMER s Second Ceremonial Meeting in December See the SMER s web page related to December 16, The speech of Mikuláš Dzurinda, former Prime Minister, in Belin mentioned hereinbefore makes the exception, but it was presented from the standpoint of the Slovak Prime Minister. 19 Sita, December 17, A statement of udovít Tóth, a member of the DS s Consultative Body, Bratislava, June 28,

19 In comparison with other Candidate States, the Slovak discussion seemed insufficiently developed. Even though it has been quickly institutionalized in a form of the National Convention on the European Future of Slovakia, there was a lack of deeper involvement of political parties and a need of significant differentiation of their political attitudes. In the Czech Republic, a broad public discussion arose responding to A Manifesto on Czech Eurorealism published by a group of politicians gathered around Václav Klaus and his Civil and Democratic Party (ODS - Obiansko-demokratická strana) 21. Visions of the country s accession to the Union and of the further reform of common European institutions and policy are undoubtedly more developed and politically differentiated in Poland. Polish attitudes varied during the similar period of from the ones of the ruling Union of Democratic Left (SLD) welcoming the accession of the country to the European Union and further development of integration processes to the anti-integration League of Polish Families (LPR) openly refusing Poland s accession to the European Union. 22 The Slovak discussion was determined by a generally declared consensus of political parties concerning the primary purpose of the country s accession to the European Union. Even the Slovak National Party (SNS) has formally declared its support to the accession of Slovakia based on the principle of the intergovernmental agreement. The Slovak discussion on the European Future was institutionalized not long ago and the Slovak political scene entered the ongoing discussion only in the time of the Intergovernmental Conference held in Since Mikuláš Dzurinda s government had come to power in 1998, the country primarily concentrated its efforts on catching up with the other Candidate Countries lead in accession negotiations as Slovakia started its accession talks only in February 2000, nearly two years later than its Visegrád neighbors. 23 A demand for a positive Slovak contribution to the European debate on the Union s reform became highly pressing in Excluding the attitudes of some state authorities - the Slovak Ministry of Foreign Affairs in particular - and 21 Ján Zahradil, a kol., Manifest eského eurorealismu, OS, December 2001, pp The same magazine has opened the space for a wider discussion on Czech visions on the European future.: OS, December 2001, pp A discussion on the European future in Poland has been monitored by The Centre for International Relations in Warsaw for quite a long time. See, for example, Piotr Buras, Poland and the Discussion on the Future of the European Union Report 6/2001, Warsaw: Center for International Relations, The abstract of the discussion held on January 2002 reflects a development of Polish attitudes, The Future of Europe in the Opinion of Polish Politicians (Transcript of a Debate) Report 1/2002, Warsaw: Center for International Relations, Hungary, Poland and the Czech Republic along with Estonia, Slovenia and Cyprus started their accession negotiations in March

20 several political statements and declarations, the society was, however, missing a broader political and national participation and development of some comprehensive attitudes towards the agenda of the EU s reform. This situation came about particularly due to different national priorities resulting from Slovakia s late involvement in the accession negotiations. Furthermore, Slovak political scene remained unstable, in official pronouncements it differentiated little in matters of foreign policy and generally showed little consistent interest in detailed matters of international relations and European integration. The political parties lacked expertise in foreign affairs and specifically in matters of European integration. These factors also help explain the underdeveloped state of the Slovak debate on the future of the European Union. 20

21 3. Slovakia and the reform of EU institutions and policies Slovakia s public debate over the content of the EU Constitution illustrates the country s new position as an active participant as opposed to a mere recipient of the European integration process. The activities and results of the Convention on the Future of Europe provoked various reactions on the part of ruling coalition and parliamentary opposition representatives. In spite of the relatively limited public debate on the future of the European Union 13, forming the country s official positions for the Intergovernmental Conference became the source of a political conflict, as it demonstrated blurry boundaries between foreign and internal policy issues within the EU context and foreshadowed future pressures on redefining domestic institutional relations in order to improve Slovakia s performance on the field of European integration The Convention on the Future of Europe Cabinet and parliament officials who represented Slovakia in the Convention on the Future of Europe did not have a clear mandate of institutions that nominated them to this body. Consequently, during the Convention s discussions, they represented primarily themselves. The only guideline for parliament representatives was the assembly s resolution regarding the cabinet s report on up-to-date deliberations of the Convention on the Future of Europe and the National Convention on the European Future of Slovakia adopted on February 26, In the document, deputies of the National Council of the Slovak Republic endorsed 5 general priorities: adopting a new constitutional treaty, incorporating a reference to God, preserving the exclusive jurisdiction of EU member states regarding cultural and ethical issues, strengthening the principle of subsidiarity and incorporating the principle of protecting the rights of ethnic minorities into the draft of the EU Constitutional Treaty. Simultaneously, deputies bound parliament s representatives and their substitutes in the Convention to forward these priorities at the Convention s deliberations. In respect to the cabinet, deputies required it to submit to the assembly Slovakia s general position regarding the Union s future institutional reforms. 21

22 The Slovak Government s representative in the Convention did not receive any official brief. On April 30, 2003, the Ministry of Foreign Affairs submitted to cabinet s deliberations the Draft Position of the Slovak Republic Regarding the Main Issues Discussed by the Convention on the Future of Europe. However, the cabinet refused to discuss the document, especially due to reservations presented by ministers for the Christian Democratic Movement (KDH). This predetermined the coalition government s political disunity regarding the country s priorities in the field of the Union s institutional reform Slovakia s preferences in the Intergovernmental Conference (IGC) Ministerial responses to the proposal of the Foreign Ministry for Slovakia s position in the IGC mark the first real instance of the emergence of Slovakia s EU policy. The most essential reservations were expressed by the Ministry of Interior, which basically rejected the text of the Constitution for Europe. 15 Some of the Ministry s reservations such as the refusal of abolishing border-crossing checks between individual member states were at least confused and unprofessional, since they evoked disapproval of Slovakia s basic commitments ensuing directly from the Agreement on Accession to the EU. The Ministry of Labour, Social Affairs and Family proposed to preserve the right to veto in the field of taxation policy and expressed disapproval with further harmonization and unification of social policy. The Ministry of Justice refused proposals to establish the post of European Prosecutor and introduce minimum standards pertaining to member states internal criminal proceeding. Other ministries presented rather technical observations and comments. The comments and amendments of most ministries except those proposed by the Interior Ministry that stood no chance of being accepted by other EU member states could be incorporated into Slovakia s official position during the process of defining the government s priorities or conveyed on the technical level. However, the executive s 22

23 endeavour to shape the country s single position met with differing opinions of individual ruling coalition partners. The best way to illustrate the problem is the fact that the cabinet needed three attempts to approve Positions of the Slovak Republic for the Intergovernmental Conference of the European Union between 2003 and The cabinet first discussed the document on September 16, The Party of Hungarian Coalition (SMK) proposed that incorporating the principle of protecting the rights of ethnic minorities into the Union s constitutional fundament should be among Slovakia s priorities; however, this requirement was unacceptable for SMK coalition partners. The KDH also had several reservations regarding Slovakia s official position; the most important of them was the refusal to accept the Charter of Fundamental Human Rights as an integral part of the constitutional treaty. The cabinet s deliberations were postponed and ministers agreed to involve deputies of the National Council of the Slovak Republic in the debate over the country s official position at the Intergovernmental Conference. Although parliament s opinions are not binding for the cabinet, the EU institutional reform provided an opportunity to establish a new way of communication between the executive and the legislative power against the background of changing relations between Slovakia and the EU following the conclusion of accession negotiations. On September 23, 2003, parliament passed a resolution in which it endorsed the cabinet s intention to change the final document s name into the EU Constitutional Treaty at the Intergovernmental Conference; to incorporate a reference to Christianity into the Constitution s Preamble; to preserve the existing principle of one country one commissioner; and other amendments in line with vital interests of the Slovak Republic. Parliament explicitly defined the following vital interests of Slovakia: rejecting the proposed voting mechanism based on the qualified majority principle in order to preserve the weight of smaller member states, as well as preserving the principle of unanimity, especially in the field of foreign policy, defence, taxation, criminal law, judicial and police 23