Understanding Supranational Integration and International Treaties
Supranational Integration: A Constitutional View
Supranational integration represents a shift from the traditional concept of external state sovereignty. It implies that certain powers are delegated to a supranational entity, distinct from individual states. Consequently, many events and their effects are governed by supranational rules, without requiring state recognition, enforcement, or development. Legally, supranational organizations are characterized by creating a genuine system that directly affects the member states, necessitating a cohesive relationship between the state and supranational systems.
The framers of the Constitution recognized the need to transcend the state framework and anticipated Spain’s eventual participation in these new forums. Article 93 of the Spanish Constitution (EC) addresses this, stating: “By Act may be granted for concluding treaties by which they attributed to an international organization exercising powers under the constitution.”
Article 93 of the EC was designed and has been applied with the European Community in mind. However, other supranational organizations exist that Spain may consider joining.
The Conclusion of International Treaties
The power to conclude international treaties primarily rests with the National Government, although the formal expression of consent to a treaty by the State is given by the King. The Constitution also provides for parliamentary intervention in the treaty-making process, reinforcing the democratic legitimacy of such agreements. However, the extent of legislative power varies depending on the treaty’s political and constitutional significance.
There are three types of treaties, each with varying levels of parliamentary involvement:
Treaties Under Article 93
Article 93 regulates treaties “by which is attributed to an international organization or institution the exercise of powers under the constitution.” This type of treaty, specifically designed for Spain’s integration into the European Union, involves a genuine transfer of sovereignty to a supranational body.
Treaties Under Article 94.1
Article 94.1 of the EC outlines the second procedure for parliamentary participation in concluding international treaties. In these cases, the State’s consent to certain treaties requires parliamentary approval, granted by both houses but not in the form of law. This approval is required for treaties that:
- Are of a political nature
- Involve military matters
- Affect the territorial integrity of the State
- Impact the fundamental rights and duties established under Title I of the EC
- Involve financial obligations for the Treasury
- Involve amendment or repeal of any law, or require implementing legislation
Treaties Under Article 94.2
Finally, Article 94.2 of the EC provides a third internal procedure for concluding treaties. In these cases, the Government is only required to report the conclusion of treaties to the Houses. These are treaties not included in the categories of Articles 93 and 94.1.