The Dog that would bark but never bite? Origins, Crisis and Reform of Europe’s Stability and Growth Pact1 Martin Heipertz (European Central Bank) and Amy Verdun (presenter) (University of Victoria) email: [email protected] Paper prepared for delivery at the 2006 EUSA Interest Section Workshop entitled “Whither EU Integration and Cooperation”, to be held at the Viessmann Centre, Waterloo, 28 April 2006. Abstract This chapter discusses the creation of the Stability and Growth Pact (SGP) with the aim to shed light on its subsequent implementation and reform. It examines the economic and political factors operating behind the scenes; such as the role of economic ideas, experts, politicians, institutional arrangements in the Maastricht Treaty, domestic politics, and the exceptional position of Germany in the realm of monetary integration. It concludes that a set of commonly held beliefs together with a corresponding power-political constellation explain the creation of the SGP. As these parameters change, they also inform our understanding of its implementation and reform. Keywords: Economic and Monetary Union, European integration, Fiscal Policy, Germany, Rules, Stability and Growth Pact. 1 Introduction The Stability and Growth Pact (SGP) belongs to the body of European secondary law and specifies the primary law provisions of the Treaty Establishing the European 1 An earlier version of this chapter was published in the Journal of European Public Policy (Issue 11, No. 5, October 2004, pp. 765-80). Papers in the preparation of this chapter were presented at a conference at the NYU in London “Building EU Economic Government: Revising the Rules?” 25-26 April 2003; at the 19th IPSA World Congress, Durban South Africa, 29 June – 4 July 2003; at the European University Institute on 3 October 2003; at the University of Leiden on 6 October 2003; and at the European Central Bank on 21 December 2004. The authors wish to thank the participants of these conferences and meetings for useful comments and suggestions. Special thanks go to Patrick Crowley, David Howarth, Demosthenes Ioannou, José Marín Arcas, Kathleen R. McNamara, Fritz W. Scharpf, Francisco Torres and Hubert Zimmermann. The authors thank the MPIfG in Cologne and the Social Sciences and Humanities Research Council Canada (Grant 410-2002-0522 held by Amy Verdun) for financial support in the early phase of this research. This chapter is based in part on interviews with 35 key informants, all of whom were close to the actual creation and/or the current politics of the SGP. The views expressed in this chapter are solely those of the authors and do not necessarily represent the views of institutions for which they work or have worked. 1 Communities (TEC, Articles 99 and 104) in the area of fiscal policy. The SGP consists of two Council Regulations from 1997, both of which were amended in 2005.2 In essence, the SGP regulates multilateral budgetary surveillance (‘preventive arm’) and specifies a deficit limit and the excessive deficit procedure (EDP, ‘corrective arm’). Formally, when the Council decides that an excessive deficit exists, the Member State concerned is obliged to reduce its deficit below the Treaty’s reference value of three per cent of Gross Domestic Product (GDP). Otherwise, the EDP can ultimately – and in theory – lead to financial sanctions. In 2005, an excessive deficit existed in twelve Member States of the European Union (EU), including the euro area Member States Germany, Greece, France, Italy and Portugal. All these countries are subject to an EDP and find themselves in different stages of that process. Metaphorically speaking, the SGP as a ‘dozing watchdog’ thus turns out rather snappish and has indeed been ‘barking’ at the trespassers for quite some time. However, on 25 November 2003 the Council effectively suspended the EDPs for France and Germany, plunging the EU into an institutional crisis. On 13 July 2004, the European Court of Justice (ECJ) ruled that the EDP is indeed de facto held in abeyance when the Council fails to find the required majority for further decisions, such as giving notice to a Member State or imposing sanctions. On the other hand, the ECJ annulled Council conclusions that had been adopted outside the EDP framework, thereby precluding a side-stepping of the formal procedures. Out of this impasse, the SGP underwent a painstaking reform exercise until June 2005, leading to legal amendments of the Council Regulations and to a new Code of Conduct. Implementation and reform of the SGP are not detached from the factors that led to its creation. In that context, this chapter addresses the following questions: (1) Why and how was the SGP created? (2) What underlying conditions supported its creation? (3) How have they changed since? (4) How do they inform our understanding of its implementation, crisis and reform? Drawing on the process and outcome of the original SGP negotiations, this chapter aims at providing background and clarification to the ongoing debate. We argue that the initial SGP was possible due to a convergence in fundamental ideas about the relationship between monetary and fiscal policies held by experts in Ministries of Finance, central banks, the Commission, as well as in academia and international organisations. Ideational convergence provided the cognitive basis for a political compromise, in the sense that expert consensus on principles was a necessary though not sufficient condition for intergovernmental agreement. The full explanation has to also include power-political factors (Garret 1994), such as the prominent position of Germany in the creation of Economic and 2 The complete range of legal texts on the SGP is the following: (1) Resolution of the European Council on the Stability and Growth Pact, O.J. 1997, C 236/1; (2) Council Regulation No. 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies, O.J. 1997, L 209/1 as amended by Council Regulation 1055/105 of 27 June 2005; and (3) Council Regulation No. 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure, O.J. L 209/6 as amended by Council Regulation 1056/2005. Usually, (4) an Opinion of the Economic and Financial Committee (EFC), called ‘Specifications on the implementation of the SGP and Guidelines on the format and content of Stability and Convergence Programmes’ (in short: ‘Code of Conduct’), is also counted among the text basis of the Pact, next to (5) a Council Report to the European Council titled ‘Improving the implementation of the SGP’ of March 2005. The latter features among the European Council Conclusions of 22/23 March 2005 and complements the original 1997 SGP Resolution of the European Council. 2 Monetary Union (EMU) or its changing role, together with France, in the subsequent management of the SGP. The chapter is structured as follows. The next section examines the main ideas behind the rationale of the SGP. The third section narrates the story of its creation, implementation and reform. The fourth section examines and analyses the ideational context of these events, informing our understanding of the political compromises that have shaped the ongoing saga of the SGP. The final section concludes and offers a tentative outlook on the SGP’s future. 2 Why is the SGP necessary? An answer between economics and politics The Maastricht Treaty represents, so to speak, the ‘economic constitution’ of EMU. However, while its monetary component is well developed, specifications on the fiscal regime are partial and incomplete.3 The Treaty only contains rather loose stipulations on the EDP and budgetary coordination. From the viewpoint of economics, several arguments speak in favour of complementing the fiscal arrangements of the Treaty.4 The most prominent reasons behind more stringent rules are: (1) a general need for consolidation; (2) concerns about externalities; (3) the credibility of ECB independence; and (4) the need for a more coherent framework of economic policy coordination. A general need for consolidation results from the expansionary path of public expenditure in most industrialised countries since the ‘golden age’ of Keynesianism in the 1960s and rapid welfare-state expansion in the 1970s and 1980s. By consequence, the public sectors of most countries have become obese, stifling investment and contributing to weak growth and underemployment. Government revenues flow into debt servicing at the same time as ageing populations require a fundamental reallocation of public spending. In light of these problems, the SGP has increasingly come to be seen as a useful external anchor for long-term fiscal consolidation. Second, a number of externality problems relate specifically to EMU.5 In monetary union, possible effects of one country’s fiscal profligacy on interest and exchange rates concern the entire currency zone. The direct impact on the individual ‘sinner’ is reduced while the effect is increased indirectly for everybody else. Depreciation, risk premia and higher interest rates occur less directly in a common currency zone. This reduced disciplinary effect on national authorities can exacerbate the deficit bias of public finances (Beetsma 1999). As a result, Member States could succumb to the 3 This lacuna is related to the fact that the negotiating parties were unable to agree on a so-called Political Union in 1991. Political Union is generally associated with a mature and fully developed institutional framework, including for economic policy-making at the European level. An exact definition of Political Union, however, has never been developed and it remains unclear how a further integrated institutional framework would look like under Political Union. The authors of the Maastricht Treaty seem to have been aware of its shortcomings and included the task to produce further legislation (TEC 99 V, 104 XIV). 4 For a detailed discussion of the economics literature see Heipertz (2003). 5 Negative externalities are welfare or opportunity costs not fully accounted for in the price and market system, usually occurring to a third party not being part of the transaction. 3 perverse incentive of free-riding on each other by overspending on their budgets. Thus strict rules on budgetary deficits are deemed necessary.6 A third concern warranting the existence of the SGP is related to the need to defend central bank independence and the credibility of monetary policy against possible effects of unsound public finances. Ultimately, ECB independence and specifically the ‘no bail-out’ clause of the Treaty7 could be endangered by unsustainable fiscal paths. Sargent and Wallace’s (1981) model of debt monetisation as well as the ‘Fiscal Theory of the Price Level’ (e.g. Leeper 1991 and Woodford 1994) support this view on theoretical grounds. It is generally recognised that the effectiveness and credibility of monetary policy need to be supported through the fiscal regime. The SGP can hence be seen as a way of ‘safeguarding the credibility of ECB independence’ (Artis and Winkler 1999). Fourth, in a monetary union the role of economic policy coordination becomes pertinent (Begg 2002). A single monetary policy increases the need for a disciplined and well-coordinated fiscal policy stance, which includes the free functioning of the automatic stabilisers, especially in the event of asymmetric shocks.8 Enabling effective fiscal policy coordination was one of the motives behind the SGP’s design. Rather than hindering a countercyclical fiscal stance (as argued, among others, by Eichengreen 1996 and Eichengreen and Wyplosz 1998), the Pact allows stabilising cyclical fluctuations through the deficit as long as the upper limit of three per cent of GDP is respected. The original Waigel proposal (see below) had envisaged a one per cent target for national deficits in order to observe the three per cent ceiling and at the same time permit automatic stabilisation. The SGP featured a medium-term budgetary objective (MTO) of ‘close to balance or in surplus’ for the same purpose and foresaw a ‘safety margin’ that would allow countries to achieve both aims: fiscal stabilisation and fiscal stability. The 2005 reform has kept the principle of MTOs but introduced country-specific objectives, to be set by the Member States themselves. One hopes that countries would assume ‘ownership’ over their self-appointed MTOs and strive to adjust to them in order to allow automatic stabilisers to operate without overstepping the deficit reference value. The political background of the SGP’s origins can be traced back to German domestic politics. The Stability Pact was politically used by the Kohl government to comfort public opinion about EMU and to appease the Bundesbank, which had perceived fiscal policy in particular as the ‘open flank’ of monetary union. Since the mid-1990s, the German public had become extremely anxious about giving up the well-proven deutschmark in favour of a new currency that could include traditionally weak economies without profound ‘stability culture’. Politically, there was a risk that the opposition and even parts of the ruling coalition would capitalise on this sentiment and run on an anti-EMU platform in regional and national elections. The SGP can 6 It is noteworthy that the need for limits on budgets had already been mentioned in the original EMU blueprint laid out in the ‘Delors Report’ (Committee for the Study of Economic and Monetary Union 1989). 7 The no-bailout clause implies that neither the ECB nor the Community will provide funds to or buy bonds of a national government that becomes insolvent (TEC 101, 103). 8 Sustainable public finances can smooth cyclical fluctuations of the economy by automatically increasing state expenditure and decreasing revenue during periods of weak growth (in the form of lower tax revenues and increased transfers) and vice versa during an upturn. The public sector hence ‘breathes’ over the cycle and reduces the amplitude of cyclical swings. 4 hence also be interpreted as a means to address these concerns held by the German public and thereby pre-empt related campaign strategies. In institutional terms, the Maastricht Treaty has to be seen as an incomplete contract. As far as rules on EMU are concerned, secondary law had to be developed in the form of explicit rules that would elaborate on and go beyond the Treaty stipulations. At the time, some national governments, the German and Dutch governments in particular, favoured such a more explicit, rules-based system that would restrict budgetary deficits once EMU was fully operational. This concern seemed especially relevant with respect to a number of (Mediterranean) countries that were making strenuous efforts to join stage III of EMU from the outset.9 The larger the future membership of EMU was hence appearing to become and the less likely a postponement, the more urgent grew the need for Germany to reinforce at least the deficit criterion. This situation has been described as an ‘endgame’ for the transition towards stage III of monetary union (Crowley 2002). More subtle, cognitive processes were also at work. Of importance was the gradual nature of economic and monetary integration, especially ‘policy learning’ (Bennett and Howlett 1992) or ‘lesson drawing’ (Radaelli 2004) from the experience with the European Monetary System (EMS) since the 1970s (see also Verdun 2000a). The monetary authorities participating in the EMS had contributed to factual and ideational convergence in monetary policy. Aligning their exchange rates was the aim but also the engine of that process. By ‘shadowing’ Bundesbank policies throughout the 1980s, the monetary authorities and the national representatives in the then Monetary Committee came to endorse fundamental principles about economic and monetary governance (Verdun 2000a; 2000b). The experts involved in the preparation of EMU feared that national governments would become more ‘relaxed’ and return to old practices once stage III of EMU had been achieved. They were keen to perpetuate the stability-orientation of economic policy in Europe and hence wielded their influence in order to shape the SGP according to their convictions. Once operational, the SGP evolved and has gradually overcome the assertion of being a German-inspired straightjacket on fiscal policy. With Germany even joining the camp of the ‘deficit sinners’,10 it were increasingly the small (and fiscally more ‘virtuous’) Member States, above all the Netherlands, Austria and Finland, that assumed ‘ownership’ of the SGP and embraced the demands for its strict implementation. It turned out that a rules-based system would hold their best chance for ‘equal treatment’, provided that all Member States would play by the rules.11 Although this gentlemen’s agreement temporarily collapsed in November 2003 – Germany and France enforcing ‘special treatment’ of their excessive deficits – the reform of the SGP in 2005 has made all participants more aware of the difficulties to preserve equal treatment, which is now at the core of the discussion surrounding the implementation of the framework. 9 Stage III of EMU started when exchange rates were irrevocably fixed and the Eurosystem was given sovereignty over monetary policy. Eleven Member States eventually first entered into this stage on 1 January 1999. 10 Germany breeched the three per cent deficit limit for the first time in 1995. After entering stage III of EMU in 1999, Germany has been in excessive deficit since January 2003. 11 For an analysis of the logic of this type of behaviour by small versus large Member States, see Schure and Verdun (2005). 5 Like any compromise solution, the SGP can be criticised from several angles. It can neither be a substitute for an efficient, mature and full-blown institution, nor does it offer a guarantee against budgetary irresponsibility. It certainly sometimes strikes an awkward balance between on the one hand the degree of simplicity that is made necessary by EMU’s political economy and on the other hand today’s complexities of public finance. But the SGP remains the framework for the coordination of fiscal policy in EMU since 1999 – drawing as much as possible on economic insights and requirements while leaving national budgets and procedural decisions in the sole responsibility of the Member States, as required by the currently low level of political integration in the EU and the apparent lack of political momentum behind the originally intended project of ‘Political Union’. 3 Making, breaking and remaking the rules How was the SGP created and implemented? The idea of some sort of ‘stability treaty’ had been in the air since early 1995. Around the beginning of stage II of EMU in 1994, the Monetary Committee (MC) started deliberating on this matter. Brainstorming was particularly active among officials in the German Ministry of Finance. The Sachverständigenrat, an influential advisory board to the federal government, had already in 1992 demanded to make the EDP sanctions more precise and to apply them strictly (Sachverständigenrat 1992: 433). Propelled by demands from banking associations, a public debate arose in Germany on the need for some sort of legal agreement on public finance stability in monetary union. The Institut für Weltwirtschaft (IfW) in Kiel published a discussion paper on how to make the Maastricht stipulations workable (Lehment and Scheide 1995). The IfW proposal suggested automatic, interest-free deposits to be placed with the ECB by countries exceeding the three per cent reference value. Similar arguments re-appeared as demands for a ‘budgetary pact’ in the 1995 report of the Sachverständigenrat (Sachverständigenrat 1995: 446). The German government at the time had come under severe political pressure when public opinion was turning sour on EMU. In fact, more than two-thirds of German citizens were opposed to monetary union at the time (Commission of the European Communities 1995), and resentment against EMU started to appear on the platforms of regional elections as well as in intra-party struggles. In September 1995, Minister of Finance Theo Waigel talked informally to his colleagues about his wish to formalise the rules on budgetary policy in EMU (Milesi 1998: 95-6, Stark 2001: 89 and interviews with German Ministry of Finance officials, June 2003). Academic sources like the IfW paper, but also ideas from the Bundesbank were used as input for a policy initiative by the ministry. Four weeks later (on 7 and 10 November 1995), Waigel announced his proposal for a ‘Stability Pact’ (Bundesministerium der Finanzen 1995) during the Parliamentary reading of the 1996 budget (Waigel 1995a, 1995b). He thereby managed to stifle the opposition, but earned only reserved support from his European colleagues. The idea that the Maastricht Treaty could be subject to renegotiations was out of the question. Yet, an intergovernmental agreement in the 6 form of a new treaty à la Schengen,12 as originally envisaged by Waigel and his then state secretary Jürgen Stark, was also unacceptable to the other Member States. It also met heavy criticism from the Commission that was in fear of being marginalised. The Madrid European Council of December 1995 hence prompted the Commission to propose a solution within the Community framework. Successive Commission notes for deliberation in the Monetary Committee, released successively from October 1996 onwards, kept closer to the Maastricht Treaty than to the Waigel proposal. Going beyond both the Treaty and the German initiative, the Commission additionally developed the ‘surveillance arm’ of the SGP as a procedural device for economic policy coordination on the basis of Article 99. However, it did not introduce automatic fines into the EDP and kept possible sanctions as a discretionary and political measure of the Council, rejecting more far-reaching demands by Waigel and Stark. The Stability Pact dossier featured prominently and advanced in the relevant European fora, i.e. primarily the Monetary Committee (MC), but also the Ecofin Council and the European Council. The project was also discussed in bilateral exchanges, above all at Franco-German meetings. Nevertheless, the bulk of work was completed in the MC. Only very few open issues had to be referred to the Council. The underlying controversy was that Germany’s partners agreed on the principle of mutual surveillance and reinforced dissuasion of excessive deficits, but refused automatic sanctions as they had been demanded by Waigel and Stark. The focal point of dissent became a clause that defines possible exemptions from the definition of an ‘excessive deficit’. Major wrestling about legal semantics was in fact behind the negotiations that crafted the operational circumstances and procedural margins of political discretion. Waigel was isolated in requiring nothing less than an ‘exceptional’ GDP contraction of two per cent of GDP or worse as a qualification for an exemption. The compromise reached in Dublin – during the morning hours of Friday 13 December 1996, in parallel sessions of Ecofin and the European Council – introduced a definition into the legally non-binding Council Resolution to the effect that a recession of less than 0.75 per cent ‘as a rule’ did not qualify as exceptional, whereas a recession of over two per cent automatically did. If the size of the recession was between 0.75 and 2.0 per cent, Ecofin would judge case by case whether or not it is deemed ‘exceptional’. In the 2005 reform of the Pact, this definition has been relaxed to the effect that an excess over the three per cent of GDP reference value can be considered exceptional if it results from negative or very low growth, provided that the excess is ‘temporary’ and that the deficit stays ‘close’ to the reference value.13 In sum, the SGP Regulations as designed in 1996 did not depart from the Treaty but rather increased procedural precision on the basis of Articles 99 and 104. They have delivered some ‘added value’ in terms of legal substance, albeit without changing the thrust of the existing Treaty basis. For example, the SGP shortens and clarifies the timeline of the EDP, defines the distribution of possible fines (i.e. among the ‘virtuous’ Member States), clarifies the notion of ‘exceptional’ and ‘temporary’ 12 When it was first signed, the Schengen Treaty was an international treaty among a subgroup of EU Member States. Its contents were initially not part of the TEC; nor were all EU Members immediately signatories. Theo Waigel initially was seeking a similar arrangement for the Stability Pact; namely to negotiate an ‘ancillary’ Treaty that would be outside the framework of the TEC and thereby possibly much stricter. 13 The judgemental decisions behind rather loose concepts like ‘temporary’, ‘close’ or ‘very low’ underpins the degree of political discretion that the new form of the SGP makes explicit. 7 deficits as exemptions from sanctions, introduces an urgency procedure, enables to hold the EDP in abeyance, etc. Yet, due to the essentially political nature of the EDP, the fundamental nature of the SGP was and remains not a mechanism of ‘quasiautomatic sanctions’ (as claimed publicly by Waigel), but the institutionalisation of a political (and ultimately not exogenously enforceable) commitment of the Member States, pledging to aim for low deficits. When eleven Member States entered into stage III of EMU on 1 January 1999, most countries had not converged to the medium-term budgetary objective of keeping national budgetary deficits ‘close to balance or in surplus’. Nevertheless, high rates of economic growth at the time led to improving deficit and debt ratios. Yet, in the early years of monetary union, policymakers did not use the gains deriving from lower interest rates and inflation to reduce permanently their deficit ratios, but in many cases implemented wide-spread tax cuts and/or increases in primary expenditure ratios instead. The corresponding erosion of government revenue and the renewed pressure of spending proved fatal once the economy slowed down in 2001. Germany and Portugal were the first countries to miss their budgetary targets by wide margins and overstepped the deficit reference value of three per cent of GDP. The SGP’s early warning procedure, although initiated by the Commission, was not activated by the Council, following a direct intervention by the German Chancellery in the context of the 2002 election campaign. This episode points to the at times critical domestic dimension of the way the SGP is managed, especially when a large Member State has the power to impose its domestically framed preferences at the European level (Heipertz and Verdun 2004). The worsening fiscal outlook during 2002 triggered an intense debate on the rules and possible reform options of the SGP, prompting on 24 October a statement of the ECB’s Governing Council in defence of the SGP. The Commission in turn suggested that countries with fiscal imbalances should commit to a consolidation strategy centred on a continuous annual improvement of the underlying budget balance by at least 0.5 per cent of GDP; a proposal which was endorsed by the Eurogroup in October 2002 and taken up, albeit not in a mechanical way, in the reform of the SGP in 2005. The Ecofin Council took note of the Commission’s proposals in March 2003 and adopted a ‘Report on strengthening the coordination of budgetary policies’. At that time, it saw no need to change the Treaty or the SGP Regulations but resolved to apply more country-specific elements in the assessment of the budgetary situation of a Member State. This should include appraisals of the long-term sustainability and the quality of public finances. Subsequently, France joined Germany and Portugal when it was also found to be in excessive deficit since June 2003. The EDP was triggered, following an early warning procedure, which had not proved effective in preventing the emergence of the excessive deficit. Anticipating continued negative fiscal developments in France and Germany, the Commission proposed giving notice to both countries under the EDP in the fall of 2003. On 25 November 2003, however, the Council failed to adopt the necessary decisions and instead issued ‘conclusions’ to the effect that both EDPs were being held in abeyance.14 14 Decisions in the framework of the EDP are taken by a two-thirds qualified majority in accordance with Article 205. With Belgium, Denmark, Greece, Spain, the Netherlands, Austria, Finland and Sweden in favour of the Commission recommendation, only 37 of the 51 necessary votes were mustered for the decisions in accordance with Article 104 VIII. The decisions were blocked by the combined votes of Germany (respectively France on the decision on Germany), Ireland, Italy, 8 In the context of an ongoing deterioration of public finances, the Commission challenged the Council decisions before the European Court of Justice (ECJ, case C27/04) and in parallel started preparations for proposals to strengthen economic governance in the euro area. The ECJ in July 2004 annulled the Ecofin Council conclusions on France and Germany as having been adopted outside the Treaty framework. At the same time, the ECJ rejected the Commission’s action for annulment of the Council decision not to adopt the formal EDP instruments against both countries. The Court declared that when the Council fails to decide on further steps under the EDP, the procedure was to be considered de facto in abeyance. The judges hence confirmed the prevalence of political discretion in the implementation of the SGP’s procedures but also stressed that the rules and legal basis, including the Commission’s right of initiative, had to be respected. The ECB called upon all parties to live up to their responsibilities in the full implementation of the rules, while the Commission started to successively release working documents to the Economic and Financial Committee (EFC) on a possible reform of the SGP. The crisis was aggravated in September 2004 when Greece had to revise substantially its official figures for the deficit and debt ratios, showing that deficit ratios in excess of 3% had even existed at the time of Greece’s euro area accession in 2001. The data revisions led to an intensification of the already ongoing EDP for Greece. The Council for the first time decided to ‘give notice’ under Article 104 IX of the Treaty. Also six of the new Member States were found to be in excessive deficit. Among them, Hungary has by now already twice been declared in accordance with Article 104 VIII not to have taken effective action.15 Italy joined the rank of countries in excessive deficit in 2005, after having prevented an early warning. At the time of writing, the only EDPs that have successfully been concluded and abrogated under Article 104 XII are the cases of Portugal in 2004 and the Netherlands in 2005. However, for Portugal a new EDP had to be opened one year later. In parallel to the ongoing EDPs and in the aftermath of the legal confrontation, the SGP was reformed in the course of 2005. Unlike in 2002, it was now deemed necessary by the Commission and the Council to amend the Regulations, while the ECB, in a public statement on 21 March 2003, declared that it was ‘seriously concerned’ about the proposed changes. Similar to the original negotiation of the Pact, technical discussions and most of the decisions were taken at senior expert level in the EFC; only a limited number of contentious points had to be referred to the Ecofin Council. The debate included the traditionally controversial issue of whether and how to relax the definition of an excessive deficit via an easing of the conditions for possible exemptions, above all the specification of the economic circumstances under Luxembourg, Portugal and the United Kingdom that added up to 40 in total. Decisions in accordance with Article 104 IX (giving notice) are taken only by the Member States participating in stage III of EMU. The Commission recommendations were supported only by the 30 votes of Belgium, Greece, Spain, the Netherlands, Austria and Finland, but also 30 votes opposed, i.e. those of Germany (respectively France), Ireland, Italy, Luxembourg and Portugal. The Council instead issued ‘conclusions’ under the same voting rules as applied for the decision in accordance with Article 104 IX. These ‘conclusions’ found a very small qualified majority with the votes of Germany (respectively France), Italy, Greece, Belgium, Portugal, Luxembourg and Ireland. 15 For non-participating Member States, the EDP stages of ‘giving notice’ (Article 104 IX) and potential sanctions (Article 104 XI) do not apply. It would, however, in principle be possible to partially suspend Cohesion Fund payments to Hungary. 9 Comment [m1]: Shouldn’t it be 104(9)? which a deficit above three per cent of GDP would not be deemed excessive. Further issues in the discussions concerned the possibility of repeating certain steps of the procedure and extending deadlines as well as the formal conditions for such judgemental decisions. The idea of a ‘minimum fiscal effort’ of consolidating the structural balance by at least 0.5 per cent of GDP per year was taken up but not made obligatory. It is now a benchmark for the adjustment path to the changed, countryspecific medium term objectives (MTOs), which have replaced the universal ‘close to balance or in surplus’ rule of the old SGP. Highly controversial was a list specifying the notion of the hitherto undefined ‘other relevant factors’ that are already referred to in the original SGP Regulations as special circumstances which can be taken into account in the decision on the existence of an excessive deficit as well as in the application of the EDP. Some governments proposed a whole range of such possible factors, including expenses related to German reunification and net contributions to the EU budget. In the end, a list of factors was taken aboard, but its application is limited by the double condition that the excess over the reference value is, in the view of the Council, temporary and that the deficit stays close to the reference value of three per cent of GDP. During the negotiations, it emerged clearly that Germany under the Schröder government had changed sides and was now among the most fervent supporters of a permissive design of the SGP. The restrictive position was mainly represented by smaller Member States, particularly Austria, the Netherlands and Finland. After lengthy consultations, the Ecofin Council reached a political compromise at yet another special meeting on 20 March 2005 and issued a report to the European Council, entitled ‘Improving the Implementation of the Stability and Growth Pact’, which was subsequently incorporated into the Presidency Conclusions of the European Council of 22 and 23 March 2005. By June 2005, the Council finalised the formal review of the SGP also in legal terms and adopted Regulations amending the original SGP Regulations. In October, the Council also endorsed a revised Code of Conduct. Technical work on procedural and methodological issues continued in the Commission and the EFC throughout the year 2005 and into 2006. 4 Analysis For our analysis of the history of the SGP, we combine an ideational approach with an actor-centred, institutionalist perspective. First, we focus on how ideas came to shape the preferences of actors and, second, on how their constellation and political interaction produced the outcome. Following Scharpf (1997), ‘actors’ are defined as individual or corporate strategic agents (mostly administrative bodies such as ministries and the Commission). They are capable of intentional action, are internally organised along hierarchical lines, and are characterised by preference orientations as well as action resources. Furthermore, they are embedded in an institutional context, which we use as explanatory shorthand for structural factors and external influences on the actors themselves, such as voting rules or the influential role of financial markets at certain stages in the negotiation process. We define the executive agents of the negotiating ministries, of the Commission and of central banks as ‘experts’. They are in contact with ‘non-actor experts’ who shape ideas but not decisions, such as 10 academics, journalists and institutions like the Organisation for Economic Cooperation and Development (OECD) or the International Monetary Fund (IMF). At the highest level of deliberations, politicians hold the final and democratically legitimated competence for decision-making. The orientations of experts are defined by specific converging ‘ideas’ about economic policy, influenced indirectly by nonactor experts. The orientations of politicians are crucially influenced by ‘their’ experts, whose essential function it is to prepare the decisions of politicians and, often enough, decide and compromise within a predefined ‘envelope’ of political preferences. 4.1 Ideational convergence From an ideational perspective, the creation of EMU can be seen as the result of policy learning and policy convergence, ultimately based on convergence in ideas about monetary policy-making. When EMU was first conceived in the late 1960s and early 1970s, such ideas still differed widely, for example on the question whether to converge into Political Union first (the ‘coronation’ view of EMU) or whether to proceed with monetary integration and assume that convergence would result (the ‘locomotive’ view of EMU). Concepts also varied on the policy objectives and on the institutional design of EMU. The 1970 Werner Plan on EMU reflected a time when governments were habitually pursuing Keynesian policies (Committee on the Realization by Stages of Economic and Monetary Union 1970). Though the actual institutional design of EMU as envisaged by the Delors Committee in 1989 to some degree resembled its 1970 predecessor, a number of important ideational changes had occurred in the meantime. First, economic and monetary integration had achieved a higher level of development in both the areas: the process of completing the internal market was underway, financial markets had become further integrated and the EMS had been in place for a decade. Second, policy learning had occurred to a substantial degree. Monetary policies were considered more effective when conducted by an independent central bank like Germany’s Bundesbank. Third, ideas regarding monetary policy-making had changed (see inter alia McNamara 1998 and Marcussen 2000). Whereas in the 1960s and 1970s Keynesian principles still lay at the heart of national economic policies, by the late 1980s monetarist convictions and policies dominated the scene. The most fundamental change in belief for the foundation of EMU was the spreading conviction that no long-term trade-off exists between inflation and unemployment and that sound money is a precondition for growth. In their effort to proceed with monetary integration, the governments of the Member States were aided by a so-called ‘epistemic community’. Members of central banks, ministries of finance and academics held increasingly similar views about the main aim of economic and monetary policy-making. There were a number of important venues where experts shared ideas and where socialisation occurred. This took place above all in the Monetary Committee (MC) – now the Economic and Financial Committee (EFC) – which consists of representatives of central banks and Ministries of Finance of the EU Member States (Verdun 2000b), as well as in other influential EC committees (Rosenthal 1975, Verdun 1999) and international fora. The members of the MC/EFC meet Haas’ four principles of an ‘epistemic community’ (Haas 1992: 3): (1) They share beliefs for a value-based rationale of social action. (2) They share causal thinking, derived from their analyses of problems which in turn serve as the 11 basis for conceptualising the linkages between policy actions and desired outcomes. (3) The members of these fora have shared notions of validity – that is intersubjective understandings which help weighing and prioritising ideas within given areas of competence and expertise. (4) They have a common policy enterprise and common practices associated with a set of problems to which their competence is directed. It is no surprise that the Member States’ Heads of State or Government relied on the MC and later on the EFC for proposals and suggestions for action. The literature on epistemic communities indeed suggests that a group of experts is often called upon when national governments are divided on intergovernmental collaboration and find themselves in need of technical expertise. The MC, which originally had dealt with monetary matters, was an ideal group also to ask for advice on fiscal policy issues. Its members can wear ‘double hats’: They can act as independent experts yet they are fully aware of the political issues at stake and able to think within the ‘envelopes’ predefined by their national political masters.16 It was crucial that these experts had learnt certain lessons and held certain common beliefs which they could pass on to the political level. But those ideas alone were insufficient to produce the concrete SGP. 4.2 Negotiated compromise We distinguish between a ‘political’ and an ‘expert’ sphere. Our distinction highlights the fact that politicians – not experts – ultimately settle the most controversial issues. Experts receive their instructions from politicians but are free to reach agreement within an ‘envelope’ of politically uncontroversial bounds. In most cases, politicians will simply rubberstamp an agreement reached at the expert level. Only issues on which there is no consensus are passed on in substance and deliberated at the political level. Next to the ‘top-down’ definition of negotiation ‘envelopes’ by politicians for experts, the actual decision-making process is conceived in a ‘bottom-up’ manner. Experts are in a strong position to influence politicians since they possess intimate knowledge of the relevant issues and have detailed information on the bargaining positions of the others. Moreover, their ‘framing’ of an issue is decisive for the politician’s perception of related problems and options. Experts can indicate potential solutions and prevent a discussion from being deadlocked. The main task of politicians in this game is to arrive at compromise decisions and to bridge gaps that experts were unable to overcome. This often places them in a position to make ‘dilemmatic choices’ in the sense that, instead of choosing between ‘right’ and ‘wrong’, they have to work out a common understanding of the lesser evil, which subsequently and by definition is hardly perceived as any party’s preferred optimal outcome. We will in the following briefly discuss each actor in turn. In 1995, actor preferences were still widely dispersed. The Commission, once it had adapted its view and supported the design of a pact, was entitled to make its preference the base for the deliberations in the MC. Of course, it had to propose a pact that was still acceptable to Germany, albeit less strict and without automatic sanctions. In the MC, convergence occurred that was leaning somewhat towards the ‘German’ end of the preference scale. One explanation of this is that a ‘permissive consensus’ (Lindberg and Scheingold 1970) pre-existed in the MC, the members of which had already been in favour of a stability-oriented, rules-based model, which, for 16 One participant described their role as that of ‘financial diplomats’ (interview with the authors, 4 July 2003). 12 power-political reasons, then became acceptable to the actors at the political level. In other words, the particular equilibrium solution was not yet determined, but the solution space and hence the type of arrangement that the solution would look like was already visible and pre-shaped in the MC. But the outcome also reflects Germany’s asymmetric bargaining power at the time. The reasons for Germany’s privileged position were fourfold: (1) Germany gave up what de facto was the anchor-currency of the preceding regime, the EMS. Unlike the other countries, it had to accept the opportunity cost of losing monetary discretion and was able to make more demands – a fact well known from the Maastricht negotiations (Dyson and Featherstone 1999). (2) The German position resembles Putnam’s twolevel game-constellation with the Bundesbank as an informal veto player (Putnam 1988). Due to its reputation and popularity, the Bundesbank had a strong influence on German public opinion towards EMU. Had it publicly opposed the entry of a large ‘wave’ of countries into stage III, it would have made EMU politically extremely costly for the Kohl government. The creation of the SGP was a strategy to reduce public resentment by appeasing the Bundesbank. Thus the German preference set was narrowed through the informal (declaratory) veto exercised by the Bundesbank, which forced others to realise that a solution would have to lie closer to German preferences. (3) Germany could credibly threaten to exit the EMU process. In fact, this implicit threat was repeatedly used by German officials in the MC.17 (4) As another threatscenario, Germany could oppose EMU membership of the ‘Club Med’ countries, Italy in particular. These countries had an incentive to agree to the Pact so that Germany might be more acceptant of their membership. But even though the outcome is situated towards the German preference point, the German government had to give in as well, most importantly on the issue of automatic sanctions. Turning to the institutional context, we find that three parallel processes were crucial in shaping and facilitating the original SGP agreement. (1) The Franco-German ‘axis’ represented a subset of the negotiations on the European scene. Its most important function was a radical reduction of the number of negotiators involved, which increased the likelihood of finding a compromise solution. These summits were important as France and Germany often held different perspectives on important issues and thereby represented different groups of countries. Some issues of the negotiations were virtually delegated to France and Germany.18 While the formal solution was usually not reached during Franco-German summits or economic consultations, the subsequent meetings at the European level were often shaped by the prior exchange of views and signals between key players of France and Germany, such as Finance Ministers Arthuis and Waigel. (2) Ecofin negotiations were paralleled by meetings of the European Council, i.e. the highest political level of the EU. The Heads of State or Government did not confine to providing merely the initial political impetus and the strategic aims. Instead, they punctuated and guided the negotiations throughout the process and defined operative solutions in surprising detail, thereby removing important obstacles to compromise, 17 Interviews, 4 July 2003. Milesi (1998: 145) quotes a delegation member of the Dublin summit: “C'est un problème francoallemand (…) Mettez-vous d'accord entre vous et nous accepterons votre solution.” 18 13 most notably in the case of the lower end of the definition of a severe recession that would constitute an exemption from the imposition of sanctions.19 (3) Financial markets were influential in putting pressure on the negotiators to agree on highly contentious issues. The deutschmark had a tendency to appreciate against the other currencies whenever a deadlock seemed to jeopardise the course towards stage III of EMU. In the wake of the ERM crises, this imposed a substantial cost of failure on all negotiating partners and pointed to the danger of a derailment of the EMU project. At the back of everybody’s minds, financial markets hence represented an important disciplining factor and sustained a certain degree of the pressure to ultimately reach a consensus. At critical points, actors would rather give in on certain issues than leave the negotiation room empty-handed. 4.3 Analysis of the Implementation of the SGP Implementation and management of the Pact soon turned out to be different from what one may have expected. The early warning mechanism was not applied as a preventive signal and failed to influence the course of events, in particular in the case of Germany in 2002. Furthermore, in good times the Member States did not use the funds that could have been used for reducing public debt and deficits, but instead cut taxes or increased spending. Moreover, in November 2003 in the cases of Germany and France, the Council was to move to the next stage of the EDP, but Member States failed to decide accordingly and held the Pact in abeyance. Finally, in the spring of 2005 the SGP was amended to reflect the political choices of making explicit the degree of flexibility in the SGP, thereby further increasing the scope for political discretion in its implementation. How can one make sense of these developments in light of the above analysis? What was different and how can we understand what happened in these first five years after the start of EMU? Adopting the same analytical framework as we did in the preceding sections, we will examine the role of ideational support in conjunction with an actorcentred institutional approach. Let us start with the first point, the failure to issue an early warning to Germany and Portugal in early 2002. The German government and in particular the Chancellery felt that receiving such an early warning would have been politically very costly in an election year. While this reaction shows the potential force of the instrument, the German government succeeded in convincing most other Member States that it would not be necessary to issue the early warning. Thus, at the level of the Council – in response to political bargaining before-hand – the initiative was withdrawn. It was clear to observers that power-political considerations, rather than the underlying spirit of the SGP, lay at the heart of the decision not to issue an early warnings to Germany and Portugal. The incentive problem of ‘sinners judging sinners’ became apparent. By consequence, the Commission has become increasingly discouraged to issue early warnings unless it is reasonably sure of Council support.20 It is worth noting that, 19 The experience of the SGP negotiations should be seen as an important step in the institutionalisation of the European Council. 20 The Commission had already suffered a set-back in the early implementation of multilateral surveillance, when it issued a Recommendation in the context of the Broad Economic Policy Guidelines (BEPGs) in the case of Ireland. In October 2001, its Recommendation to Ireland pointed to the risk of overheating and urged Ireland to make corrections to cool down the economy. The response 14 when asked whether ideas had changed or the power-political constellation in the management of the SGP, Commission officials point mostly to the power-political constellation.21 The second event listed above was the fact that a number of Member States chose to use economically ‘good times’ to reduce taxes (or increase spending) rather than cut the levels of debt and deficit. This choice by Member State governments implicitly meant that, down the road, when ‘bad times’ arrived, deficits went up breaching the 3% of GDP reference value and thus triggered the Excessive Deficit Procedure (EDP). Member State governments had become overoptimistic about economic growth prospects for the years to come. Growth forecasts of the Member States were systematically higher than the actual outcomes. The result of overoptimistic forecasting meant that some Member States had been insufficiently preparing for ‘bad times’ and thus were in lack of a ‘safety margin’ for such a period. Thus, an important factor here is the perceived budgetary space that turned out to be smaller than expected. Furthermore, not only were the forecasts overly optimistic, the economic growth that followed the period post-2001 was quite gloomy in comparison to earlier years. Clearly a major part of the explanation of why deficits exceeded the ceiling should be traced back to upbeat forecasting and low absolute economic growth (if put in historical perspective). At the same time, even a realisation of the sanguine expectations would hardly have secured compliance with the deficit limit. It appeared as if the political will to continue consolidation had, if not faded, at least been supplanted by short-term considerations and the desire to cut taxes without reducing expenditure. The third event was in 2003 when France and Germany ran excessive deficits and were about to enter into the next stage of the EDP (if the Council had made that decision in November 2003). It is conceptually interesting that the German and also French governments left the normative debate of the SGP and disputed that the outcome of a strict implementation would cause overly restrictive effects on their countries. In the political debate, a trade-off was construed between consolidation and structural reform, arguing that the deficit limit should not impede a major period of restructuring. Hence the two Member States were unwilling to accept the next step of the EDP, let alone the faint prospect of possible sanctions, which could have occurred in the planned year of Germany’s general election, 2006. An important factor that had changed and enabled the outcome of 25 November 2003 was the power-political situation. The German government had moved from being pro-SGP and in favour of a strict implementation to preferring more lenience. France had initially appeared even willing to accept the next stage of the EDP but, when it found itself in tandem with Germany, in the fall of 2003, agreed to challenge going into the next step of the EDP by asking Member States to support a Council decision to hold the Pact in abeyance. One could argue that the SGP as a regime would require at least the hegemonic support of Germany in order to be implemented strictly. However, Germany finding itself in excessive deficit (as if to everyone’s surprise), its own preference set was no longer in line with a strict implementation. was one of outrage. Many Member States supported the Irish reaction, amounting to a set-back for the Commission. Although the Commission was merely executing the jointly agreed policies, the events were poorly understood by the broader public. 21 Commission officials, interviews with the authors spring 2003. 15 The final event to analyse is the reform of the SGP in March 2005 with the revised Regulations being adopted in June 2005. In a number of ways these reforms signal that ideational consensus still existed on the need to have some kind of SGP, but that the compromise solution was to grant the Council even more room for availing itself of the already large discretionary margin. It is clear that the power-political constellation had changed, in particular Germany being less supportive of strict rules. The fact that the Franco-German axis had been at the core of the November 2003 Council decision was also crucial for the conduct and outcome of the reform. Many have observed that no other pair of countries would likely have been able to ‘get away with’ not moving to the next step of EDP and requesting a re-draft of the rules themselves. It is understandable that, in light of this development, the smaller Member States have brought central stage the notion of ‘equal treatment’. Once Germany and France were sponsoring legal changes, the question had become to what degree the other side could preserve the core principles of the Pact. Our explanation is that a more moderate reform was chosen over a fundamental one mainly because (1) the ideational consensus among experts had not disappeared and (2), from an actor-centred perspective, because there was a blocking coalition of smaller Member States against radical change (such as a full-blown incorporation of the list of ‘other relevant factors’). Both factors enabled the existing framework to become ‘path dependent’ (Pierson 2000). While ‘policy learning’ and ‘lesson drawing’ had of course been going on and intensified after 1999, it did not lead to fundamental changes in the ideas of experts in the EFC. It was realised, for example, that more emphasis would have to be placed on long-term sustainability and the quality of public finances and that it could prove counterproductive to publicly evoke the false notion of a quasi-automatic sanctioning mechanism. On the other hand, there was no voice speaking in favour of abandoning the regime altogether. In institutional terms, radical change was prevented by the possible exercise of the veto right wielded by every single Member State. In other words, even one single state could have prevented the compromise solution. For these reasons, changing the Treaty was out of the question (as for the original creation of the SGP), and adopting the new Regulations also required unanimity, since the Council amended the legal texts originally tabled by the Commission. Hence, ideational and institutional forces counterbalanced the desire of some Member States to engage in more far-reaching changes. There is one other factor to consider. The original design of the SGP aimed at simplicity. Thus the rules were straight-forward so as to ensure clarity and easy implementation. It was considered important that the public debate could easily grasp whether a Member State was in compliance with the broad norms of ‘stability culture’. The spring 2005 reform moved the SGP away from this initial simplicity in favour of a more sophisticated and nuanced framework, which, on the other hand, is certainly less straight-forward to understand or implement. However, with the time that had passed since the first discussions in the mid 1990s, elites and the publics alike had grown more accustomed to thinking about government debt and budgetary deficits. Both issues, not least because of the growing urgency of the problems, are now regularly part of the public debate. This broader understanding might have led at least the informed public to accept a higher degree of complexity. In fact, most of the public criticism of the reform referred to its effect as weakening the framework, not to 16 the loss of simplicity. On the other hand, whether one implies the other, remains to be seen. Finally, financial markets played a somewhat different role after the introduction of the euro. Exchange rate movements within the euro area obviously are no longer possible. It is remarkable to observe that the November 2003 decision did not affect financial markets (i.e. the exchange rate of the euro remained stable – even went up slightly – and bond markets were calm). The fact that financial markets did not respond to the November 2003 SGP Council decision has been interpreted as an indication that the EMU regime as a whole remained credible, and that financial markets trusted the EU Member State governments to still be concerned about debt dynamics (see Leblond 2005). Thus the reform of the SGP over a period of eighteen months did not feel the pressure of the financial markets in the same way as was the case with EMS reforms during stage two of EMU (1993 and 1994 in particular) or the implicit pressure that financial markets exerted on decision-makers during the creation of the SGP, as discussed above. However, it should be recalled that benevolent financial markets cannot be taken for granted. The very idea behind the credibility of the SGP incorporates the need to underpin and justify market stability with sound fiscal policies. It is obvious that potentially more serious fiscal problems on the horizon would affect financial markets in the medium-run, especially if the implementation of the reformed Pact continues not live up to the rhetoric and commitments undertaken by the Member States. For an overall judgement of the reform of the Pact, most commentators have considered it still to imply at least a moderate weakening of the EU’s budgetary framework. The new version of the SGP in essence makes the already very large degree of Council discretion explicit. It thereby provides in-built political legitimacy to the Council when it avails itself of the flexibility enshrined in the rules. In other words, the institutional balance between rules and discretion has remained broadly unchanged in legal terms. What has been reduced, however, is the reputation cost to the Council members of using that discretion. Under the new SGP, the Council faces less normative obstacles when exerting its discretion, since a lot of the reasoning that can be employed against a strict implementation of the EDP is now even part of the legal texts themselves. Even more than under the old SGP, a successful implementation therefore hinges on the Council making responsible and wise use of the flexibility at its disposal. The political motivation behind the SGP reform as well as the first instances of ‘test cases’ with EDP decisions on Germany, France and Italy at the turn of 2005/2006 raise serious concerns. At the same time, the renewed ownership and responsibility that the Council has assumed with the current SGP reform and its share in the ultimate responsibility for the viability of EMU could have the effect of inducing more compliance. Moreover, policy learning over the past decade should also support a stronger commitment to sound budgetary policies. For an overall assessment it is also worth noting that the Commission is not weaker than before but, rather to the contrary, can engage the Council into more substantial and enlightened deliberations on improved cognitive grounds. Similar to the historic experience with the EMS after widening the fluctuation bands of the Exchange Rate Mechanism, the success of the reformed SGP seems to depend on two conditions. First, the actors have to internalise the norms of the system (i.e. above all the deficit reference value). The political capital invested in the reform of 17 the Pact in this sense should help. After all, the SGP is no longer the German ‘dictate’ of 1995/97 but the jointly agreed framework for budgetary policy of 2005, which finds strong support (indeed the key advocates) among a number of smaller Member States. Second, the actors need to operate within an appropriate incentive structure that makes them perceive norm-respecting behaviour as their rational strategy. Ultimately, only the need to safeguard the viability of EMU can provide a sufficiently strong collective incentive to resist the short-term individual temptation of free-riding on the deficit bias under the slack reins of an essentially lax political framework. 5 Conclusion As the watchdog started to bark and take on the trespassers, its rules of engagement were changed. Will it now be forced to tug its tail and whine? We started off by asking why the Stability and Growth Pact was created, what purpose it was to serve and what underlying conditions supported its creation. The economics literature at the time stressed the importance of consolidation, externality problems in EMU, central bank independence and coordination of monetary and fiscal policies. Political factors range from the incomplete nature of the Maastricht Treaty to German domestic politics and policy learning. Ideas on the relationship between monetary and fiscal policy and the role of monetary policy in society more generally had changed over time and enabled a broad consensus in favour of fiscal discipline. The analysis indicates that the genesis of the concrete outcome lay in Germany and that its creation was due to an asymmetric power constellation. These two factors, ideas and power, explain the origins of the SGP. Designing rules is one thing, applying them another. A number of countries no longer act as if the SGP budgetary ceilings are to be taken seriously. In part it may be that politicians are opportunistic and underrate the repercussions of rising budgetary deficits as they pursue other domestic objectives. At the same time, it should be stressed that EMU and the SGP are likely only to have a positive effect on the economy if structural reforms are implemented and growth revived. Some governments seem to have ignored the fact that without these reforms, budget deficits rise anew. They now wonder if the SGP can be seen as a watchdog that barks from time to time but is safely on a chain. Some have therefore argued that the SGP may not be the right way to enforce fiscal discipline. The introduction asked what has changed since 1995-97 and what lessons can be drawn from the negotiation period and the recent implementation and revision experience for the future of the SGP. Our analysis suggests that what matters for the SGP are bargaining power and ideas. Regarding the former, some changes have occurred. First, Germany has lost some of its bargaining power due to the start of stage III of EMU in 1999. Germany no longer has the same possibility to threaten not to join EMU or to create barriers to keep countries out. Second, Germany itself has gone through a period in which it no longer was the exemplary Member State it once had been regarding budgetary discipline, partly because of the continued financial effects of reunification, partly because of changing political preferences and the erosion of domestic fiscal institutions. Instead of Germany, it was mainly the Dutch government, aided by Austria and Finland that sponsored the SGP; albeit with less bargaining power than Germany before. A similar change can be observed regarding 18 the role of ideas. The consensus among politicians on the importance of fiscal discipline may seem to be fading away under the effects of low economic growth. However, we argue that there is still strong support for the regime among the main actors at the expert level. The SGP was created to build credibility. Irrespective of whether it is a ‘smart’ or ‘stupid’ pact it will only be effective if Member State governments respect it. It is likely that experts will influence the thinking in governments along these lines. The role of experts and ideas has remained strong, even more so after the simplicity of the SGP had to give way for a more complex mix of political judgement and economic assessment following the 2005 reform. Back in 1991, and even more so with the rejection of the Constitutional Treaty in 2005, the EU has shown a critical lack of the political will that would be required for deeper political integration and, ultimately, Political Union. Well-intended visions of a supranational pooling of fiscal policy competences will thus for the foreseeable future remain unrealistic. In this situation, it has become clear that the SGP at least represents the EU’s second best solution for an essentially intergovernmental but fair institutional framework of economic policy co-ordination. The events of November 2003 and the ECJ decision of 2004 (see above) have brought home one central message: fiscal policy remains a national responsibility of the Member States. The institutional reality is torn between the economic need for fiscal discipline and coordination on the one hand and the political requirement for national discretion on the other. The reform of the SGP in 2005 has tilted the balance even further in favour of discretion. By spelling out the degrees of freedom that the Council possesses in the implementation of the rules, the reform has lowered the reputation cost of putting that flexibility to use. As the domestic political dynamics behind excessive budget deficits can obviously not be fully checked at the European level, the time has come to improve national institutions. The future of the SGP will not be so much a determining factor for national fiscal policy than vice versa. 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