After 25 years negotiating with Argentina, Brazil, Paraguay, and Uruguay, the E.U.’s Commission sought to secure passage of the massive trade-deal in the European Council and the Parliament by the end of 2025. Even though the vote is by qualified-majority voting rather than unanimity in both chambers, one state that was against the treaty sought to delay the vote in the Council, which represents states rather than E.U. citizens. The Commission rightly pushed back on the tactic because for one state in opposition to be able to put off a vote is tantamount to having a veto, which a mechanism only for E.U. competencies that are subject to unanimous approval in the Council.
Due to concerns of possible unfair competition voiced by farmers in the E.U. state of France, that state’s government was “demanding strong safeguards to suspend tariff reductions if imports disrupt EU markets, so called ‘reciprocity clauses’ that align Mercosur’s environmental and agricultural standards with EU standards, and tougher EU sanitary and phytosanitary controls.”[1] Without a veto, making a demand would be too strong, and even presumptuous. So too is the statement that was made by the office of the state’s prime minister’s office: “While a Mercosur summit is scheduled for 20 December, It is clear that . . . the conditions are not in place for any vote by the EU Council on authorizing the signing of the agreement.”[2] This sounds a lot like a statement that the vote could not take place.
The Commission’s deputy chief spokesperson, Olof Gill, cut down the state’s claim that conditions were not in place. In fact, Gill told reporters that in “the view of the Commission signing the deal now is a matter of crucial importance economically, diplomatically, and geopolitically, but also in terms of our credibility on the global stage.”[3] The Parliament was due to vote the next day on a safeguard amendment, with some representatives set to add an amendment on reciprocity. With half of the month of December ahead, the only condition relevant to there being a vote in the European Council was whether the Parliament would vote in favor of the treaty. Whether or not the safeguard and reciprocity amendments pass in the Parliament is a legitimate concern to whether the state of France votes for or against the treaty in the Council, but whether the amendments pass should not pertain to whether the Council holds a vote. In short, the government of France was overreaching even if only in its rhetoric.
The problem of too many E.U. exclusive and shared enumerated competencies, including changes to the E.U.’s basic law, being subject to unanimity in the Council and thus contingent on no state wielding its veto in that upper chamber was already hampering the E.U., especially in the areas of foreign and defense policy even as Russia was invading Ukraine; the E.U. didn’t need the Council to set a precedent of delaying or cancelling a vote just because a state in opposition objects even to there being a vote. Such a precedent is as if each state would have a veto on matters subject to qualified-majority voting rather than unanimity. Even use of language that connotes or implies that the state of France could unilaterally control the European Council is troubling, given the power that the state governments continued to have at the federal level through the European Council and the Council of Ministers. Put another way, the E.U. was already “state-heavy” in terms of obstruction at the federal level; the E.U. could least afford a state in opposition deciding whether conditions for a vote in either of the councils have been met. Moreover, focusing too much on individual pieces of legislation without keeping an eye out for any negative impact on the federal system itself from how the legislative process is being carried out is short-sighted.
2. Ibid.
3. Ibid.
