In 1948, federalists formulated a project of United States of Europe at a Congress in La Haye. But they were defeated by unionists who wanted mere intergovernmental cooperation between European states. Nowadays, this continues to be a recurrent debate: is the European Union (EU) a federal state?
Concerning the definition of a federal state, the only point on which authors agree is that there is not just a single definition . But it can help to try and define this concept by opposition to the one of intergovernmental cooperation, where a group of sovereign states assemble to deal with common problems on the basis of a treaty. Decisions are taken unanimously and only create rights and obligations for the member states. Conflicts between them are settled by a political organ .
A federal state is also a group of states, but the states composing it have surrendered a part of their sovereignty in favor of an entity having its own legal system and competences, such as foreign affairs and monetary policy. The repartition of powers is made according to a constitution, which is, at least formally, a unilateral act of the people . Federal authorities are able to create executive law with direct effect on the citizens of each state. Federal institutions are independent from the member states even if the latter may be represented in them. If a member state infringes on federal law, it can be sued by its citizen before the courts. Besides, a federal state has symbols like a national day, a currency, etc and its citizens are united by a national feeling.
[...] European institutions thus resemble those of a federal state, where the legislative power is usually divided into two chambers, one representing the people, elected by direct suffrage (the European Parliament[9]) and one representing the states (the Council[10]).[11] Furthermore, the European Court of Justice (ECJ) has cognizance of not only conflicts between the states and the Community, but also conflicts between individuals and the institutions[12]. Those individuals enjoy a European citizenship[13]. Symbols have even been chosen for the EU: a flag, an anthem, and European day[14]. [...]
[...] Council T-113/96 See for instance Douglas-Scott p main constitutional instruments, setting forth the primary law of the European Union are in the classic form of international Treaties; and the procedures both for amending the Treaties and for admitting new Member States are largely international in character.” Dashwood p See for example article V of the American constitution Foster p Article 6 TEU Article 17 TEU: Citizenship of the Union shall complement and not replace national citizenship. Between staatenbund (confederation) and bundestaat (federal state) Inigo Mendez de Vigo, Olivier Duhammel and Jean Quatermer New article 15 TEU New article 18 TEU New article 48 TEU provides for a simplified revision procedure: Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure. [...]
[...] Within the foreign and security policy area, even if the structure in pillars has disappeared, the unanimous voting rule still applies[38]. Concerning criminal law, a member state can oppose the adoption of a directive according to the ordinary legislative procedure and request that it be referred to the European Council for further discussion[39]. Another example is the new role given to national Parliaments. Between other attributions, they will be able to refer to the Court of Justice any draft act that they consider infringes on the principle of subsidiarity[40]. [...]
[...] For instance, even when the majority is sufficient to adopt decisions, member states are used to try and reach consensus. The Luxembourg accord allows them to invoke national interests to force other states to continue negotiations. Another example is the principle of subsidiarity which limits the action of the Community to circumstances where the objectives of the proposed action cannot be properly achieved by member states[19]. Due to a desire to protect their sovereignty, some members stay behind, refusing to participate in certain schemes[20]. [...]
[...] Bibliography Dashwood, States in the European Union EL Rev 201 Douglas-Scott, Constitutional law of the European Union Pearson Longman Fairhurst, Law of the European Union, 7th edition Pearson Longman Foster, Foster on European Law, 2nd edition Oxford University Press Emiliou, Subsidiarity: an effective barrier against the “Entreprise of ambition” ? EL Rev 383 Lenaerts, The structure of the Union according to the Constitution of Europe : the Emperor is getting dressed EL Rev 289 Pernice, Multilevel constitutionalism in the European Union EL Rev 677 Scelles, Précis de droit des gens, Paris Librairie du recueil Sirey “There can be no specific legal criterion of the Federal State”, Scelles See for example the organ of settlement of controversies of the WTO See for example the beginning of the Constitution of the United States: the people . [...]
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