"Multi-level governance in European Union Treaty formation"

Fountain, JoEllyn Murillo. (1997) "Multi-level governance in European Union Treaty formation". In: UNSPECIFIED, Seattle, WA. (Unpublished)

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Abstract

In this paper, I demonstrate that adherents of multi-level governance should not be so willing to concede central government dominance in treaty making to state-centrists and should challenge the assertion that the EU is characterized by intergovernmentalism based on treaty formation. An investigation into the role of the German Lander in the negotiation and ratification of the Treaty on European Union (TEU) reveals that multi-level governance was indeed present in treaty formation through the active participation of the Lander in the domestic structures of German EC decision making for the Maastricht negotiations, their direct participation in the transnational negotiations as members of the German delegation, and their interaction and cooperation with other "regions" to achieve their goals. These procedures for Lander participation in EU Treaty formation do not end with the Maastricht Treaty but became part of the German Basic Law (constitution) so that all future treaty negotiations will contain these same elements. By demonstrating the presence of multi-level governance in the formation of the TEU I present a crucial case for testing state-centric versus multi-level governance approaches. By finding the existence of multi-level governance in the "high" politics of treaty making, I am thereby able to advance the approach and theorization about the multi-level governance of the European Union.

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