Gold-plating
The real barrier to deeper integration is not a lack of ambition on the part of Brussels but protectionism by member states. Often this takes the form of “gold-plating”—member states pile on local requirements when transposing EU single-market directives into domestic law. The Commission has promised to counter such practices. Koen Lenaerts, the president of the European Court of Justice, reminded commissioners in a speech in January that they have the power to bring cases against offending member states. But is the Commission really prepared to take legal action against governments over gold-plating?
What makes the push for deeper integration in defense, energy, telecoms, and finance harder is that these intrude on core aspects of sovereignty. Take financial services. No one disputes that establishing deep capital markets is vital to channeling Europe’s vast savings—much of which sits in bank accounts or is invested in overseas funds—into supporting European businesses. Yet a true savings and investment union requires more than simply establishing a new single EU securities regulator. It requires harmonization of national insolvency rules, corporate law, and aspects of tax law, as well as promotion of pan-European pension vehicles. Recognizing the political impossibility of such harmonization, the Commission has resurrected the idea of a 28th legal regime as an alternative—a solution first proposed in 2009 but which so far has amounted to little.
Meanwhile, it’s striking that completion of the EU’s banking union, which would have been at the top of almost every policymaker’s list of single market priorities at any point over the past decade, is almost entirely absent from discussions about how to revive Europe’s competitiveness today. It’s as if measures such as a single banking rule book, a backstop for the Single Resolution Fund to restructure failing lenders, or a common deposit insurance program have simply been put in a box marked “too difficult.” Yet without thriving cross-border banks to underpin European capital markets, a savings and investment union is unlikely to fulfill its potential.
A related concern is that while a single market might deliver economies of scale, member states fear that the disappearance of domestic industries would expose them to new risks. Would a genuine capital markets union leave some member states vulnerable to an exodus of domestic savings from their financial system? If the European defense sector were consolidated, would member states still be able to access weapons in a crisis? If national barriers to mobile telecom market consolidation were removed, would governments lose control over a vital piece of infrastructure? Would an integrated energy market leave countries vulnerable to higher prices or even shortages if a crisis hit elsewhere on the continent?
That points to the third challenge, which is a lack of trust both between member states and in the EU’s institutional processes. The EU has long been hamstrung by what Fabian Zuleeg, chief executive of the European Policy Centre, a think tank in Brussels, calls the unity-ambition dilemma. The bloc has always sought to proceed as far as possible by unanimity, even when it’s not strictly needed, even at the expense of some of its integrationist goals. But that unanimity has become even harder to achieve as politics at both the national and European levels has become more fragmented. Indeed, Europe’s apparent inability to rise to its economic challenges only further undermines support for EU integration.
Improvised arrangements
The problem is compounded by the fact that some of the key players in addressing Europe’s most pressing challenges lie outside the EU. Britain especially has a potentially important role to play in pan-European defense, capital markets, and energy sector integration. Part of the answer may lie in bypassing EU institutional processes to establish coalitions of the willing in areas such as defense and rely instead on improvised intergovernmental arrangements. But these must be flexible enough to accommodate changes in government and could potentially create new legal complexities and exacerbate fragmentation.
Europe has taken many large and seemingly impossible leaps forward in integration in response to shocks over the past 80 years. Faced with a shock that poses profound risks to security and prosperity, one should be wary of betting against the continent’s overcoming today’s geopolitical, economic, and institutional challenges. But if Europe is to be a pole in the new multipolar world, it must forge a unity beyond anything it has previously contemplated—and quickly too.