Norm Consolidation in the European Union: The EU14-Austria Crisis in 2000 Acta Wexionensia No 75/2005 Political Science Norm Consolidation in the European Union: The EU14-Austria Crisis in 2000 Rebecka Ulfgard Växjö University Press Norm Consolidation in the European Union: The EU14-Austria Crisis in 2000. Thesis for the degree of Doctor of Philosophy. Växjö University, Sweden 2005 Series editors: Tommy Book and Kerstin Brodén ISSN: 1404-4307 ISBN: 91-7636-482-8 Printed by: Intellecta Docusys, Gothenburg 2005 Abstract Ulfgard, Rebecka (2005). Norm Consolidation in the European Union: The EU14-Austria Crisis in 2000. Acta Wexionensia No. 75/2005. ISSN: 1404-4307, ISBN: 91-7636-482-8. Written in English. In late January 2000, the EU14 initiated a protest co-ordinated by the Portuguese EU Presidency against the coalition between Wolfgang Schüssel’s ÖVP and Jörg Haider’s right-wing extremist/populist FPÖ, accused of violating EU fundamen- tal values expressed in Article 6(1) TEU. When the government took office on 4 February diplomatic ‘sanctions’ were launched. During spring, the EU14’s wider interpretations of the sanctions, clumsy handling of Austrian countermeasures and deficient strategy on dismantling the protest contributed to crisis escalation. The solution was the appointment of so-called ‘wise men’ to evaluate the politi- cal nature of the FPÖ and the effects of the EU14’s ‘diplomatic whipping’ on government policies. Shortly after the Wise Men Report was published the EU14 lifted the ‘sanctions’ unconditionally, but insistent question marks remained. At the informal European Council meeting in Biarritz 13-14 October, the EU14 and the Austrian government agreed on amendments to the trigger mechanisms for the ‘sanctions article’, Article 7 TEU, incorporated in the Nice Treaty from De- cember 2000. This study argues that the EU14’s interests and preferences concerning Article 6(1) TEU, coupled with a consensus-reflex and imagined and ‘real’ time pres- sure manifested in groupthink and ‘tele groupthink’, a concept including tele- phone diplomacy, affected the norm during its ‘journey’ through five stages: warning, implementation, crisis escalation, crisis de-escalation, and conse- quences. A central claim is that both self-interested behaviour and idea- tional/normative motives guided the EU14, but in a ‘more or less’ way. Mutually complementary arguments from both the rationalist and constructivist paradigms prove compelling in investigating this particularly complex and multi-faceted case. This study concludes that the EU14-Austria crisis resulted not in a rupture in the integration process, but in consolidation of EU fundamental values expressed in Article 6(1) TEU. Thanks to mixed experiences with the EU14’s ‘diplomatic whipping’ of the FPÖ-ÖVP government, the Union took another step towards tighter monitoring of Member States’ compliance with its constituent values. This step was reflected in amendments to Article 7 TEU. The EU14-Austria cri- sis, as here presented, illustrates the claim that Union-wide crises can have a positive effect on its normative foundation. Keywords: EU14, Austria, EU fundamental values, norm consolidation, process tracing, constructivism, rationalism. Acknowledgements Back in 2000 as a student at the College of Europe in Bruges, I followed with great interest the development of the EU14-Austria crisis. Beginning my PhD studies at Växjö University in September 2000, I knew from the start that this would be a stimulating research field to explore in the years to come. This doctoral dissertation is the result of this process, which would not have come into being were it not for the support from a number of in- dividuals. My first thanks goes to Tom Bryder (professor in political science at Växjö University 1999-2004) who suggested that I should apply to become a PhD candidate, and my supervisor Stefan Höjelid for constant encourage- ment and support during my long and winding road towards a complete manuscript. I also would like to mention my colleagues in Political Science at Växjö University, whose friendship I have appreciated during these five years: Lena Agevall, Lennart Bergfeldt, Tobias Bromander, Magnus Hagevi, Stefan Höjelid, Björn Idlinge, Conny Johannesson, Torgny Klasson, Karl Loxbo, Anne Morrisey Haglund, Martin Nilsson, Karin Olsson, Otto Pet- tersson, Ulf Petäjä, Alexander Rhodin, Hans Ring, Daniel and Charlotte Si- lander, and Cesar Villanueva. I also thank the Research Committee at the department for generous support to cover travel expenses to conduct re- search interviews and archive studies. I would like to extend my sincere gratitude to my co-supervisor Magnus Jerneck, Lund University, for generously providing useful comments to im- prove the manuscript, and to Joakim Nergelius, Örebro University, for valu- able remarks from a lawyer’s perspective on the EU14-Austria crisis. My gratitude also extends to participants in the Swedish network for EU scholars, in particular Shirin Ahlbäck Öberg, Karl-Göran Algotsson, Sverker Gustavsson, Ann-Cathrine Jungar, and Christer Karlsson, Uppsala Univer- sity. Lennart Lundquist, Lund University, provided invaluable criticism dur- ing the research seminars in Political Science at Växjö University. Hans Lödén and Curt Räftegård, Karlstad University, should be mentioned for their comments on earlier drafts. I am also indebted to NordForsk (the Nordic Research Board) for the mobility scholarship, which made possible my stay at the Institut for Statskundskab, Aarhus University, during the first semester 2004. A special mention must be made to the following persons who took their time to comment on my drafts: Derek Beach, Knud Erik Jørgensen, Thomas Peder- sen, Clemens Stubbe Østergaard, and all the PhD students for making my stay in the ‘near abroad’ such a valuable experience. Finally, my parents, sister, and brothers have always supported me and believed in me, and for this I am deeply grateful. Maciej, although “it can always be better!”, it is now time to turn the page. It is difficult to see how I could have made it without your support and care, which matter more than anything else. 2 Abbreviations AN Alleanza Nazionale CDU Christlich Demokratische Union CEE Central and Eastern Europe CONFER Conference of the Representatives of the Governments of the Member States Coreper Committee of Permanent Representatives CSU Christlich Soziale Union DF Dansk Folkeparti ECJ European Court of Justice ECHR European Court of Human Rights ELDR European Liberal, Democrat, and Reform Party EMU European Monetary Union EU European Union FDP Freien Demokratischen Partei FI Forza Italia FN Front National FPÖ Freiheitliche Partei Österreichs ICTs Information and Communication Technologies IGC Intergovernmental conference IR International Relations LN Lega Nord MEP Member of European Parliament MSI Movimento Sociale Italiano NI New Institutionalism NGOs Non-governmental Organisations PRL Parti Réformateur Libéral QMV Qualified Majority Voting RPR Rassemblement pour la République SPÖ Sozialdemokratische Partei Österreichs TEU Treaty on European Union UN United Nations US United States VB Vlaams Blok ÖVP Österreichische Volkspartei 3 4 Figures Chapter one Figure 1. 1: Process tracing the ‘norm journey’ in the EU14-Austria crisis. Figure 1. 2: The ‘norm continuum’ metaphor. Figure 1. 3: Roadmap for process tracing the EU14-Austria crisis. Chapter three Figure 3. 1: The EU14: A problem-solving network. Chapter four Figure 4. 1: The EU14’s preference profiles at the time of the implementation of the ostracism policy. Chapter five Figure 5. 1: The EU14’s preference profiles in the crisis escalation phase in the EU14-Austria crisis. Chapter seven Figure 7. 1: Article 7. 1 TEU in the Amsterdam and Nice Treaty versions. 5 6 Appendices Appendix 1 Fax from José de Freitas, diplomatic counsellor to Prime Minister António Guterres, to the thirteen Heads of State and Government, 27 January 2000. Appendix 2 Statement from the Portuguese Presidency of the European Union on Be- half of XIV Member States, 31 January 2000. Appendix 3 Commission statement on Austria, 1 February 2000. Appendix 4 EU Commissioner Dr. Franz Fischler. Personal statement about the forma- tion of the new government in Austria. Appendix 5 European Parliament resolution on the result of the legislative elections in Austria and the proposal to form a government between the ÖVP (Austrian People’s Party) and the FPÖ (Austrian Freedom Party). 3 February 2000. Appendix 6 Address by Federal President Thomas Klestil on TV, 4 February 2000. Appendix 7 “Responsibility for Austria – A Future in the Heart of Europe” (Declaration inserted in the Preamble to the Programme of the new Austrian govern- ment. Appendix 8 Personal statement about the formation of the new government in Austria by Federal Chancellor Dr. Wolfgang Schüssel. Appendix 9 Press statement by Austrian Foreign Minister Benita Ferrero-Waldner at the General Affairs Council meeting, Brussels 14 February 2000. Appendix 10 Press relese issued by the Registrar. No. 491. 29 June 2000. President of the European Court of Human Rights to appoint three personalities under Por- tuguese EU Presidency Mandate. 7 Appendix 11 Press release issued by the Registrar. No. 524. 12 July 2000. President of the European Court of Human Rights appoints three “wise persons”. Appendix 12 Programme for the meetings in Vienna 28-30 July 2000 between the ‘wise men’ and Austrian NGO representatives. Appendix 13 Meeting of the ‘wise men’ and representatives of Austrian NGOs at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg, 29 August 2000. Appendix 14 Communiqué issued by the French Presidency on 12 September 2000. Communiqué des XIV suite au rapport remis par les trois Sages au sujet de la situation autrichienne. Appendix 15 Proposal for an amendment to Article 7 of the TEU submitted by the Bel- gian delegation. CONFER 4782/00. Annex 1. Brussels, 5 October 2000. Appendix 16 Draft new paragraph to be added at the beginning of Article 7 of the TEU. Proposal by the Portuguese Presidency. CONFER 4782/00. Annex 3. Brus- sels, 5 October 2000. Appendix 17 Draft amendment concerning Article 7 TEU submitted by the Austrian delegation.