Europos Sąjunga – federacijos link?

Abstract

There is a debate whether European Union (further - EU) is international organization, confederation, federation or sui generis subject. In this article the EU is analysed through the system of federation features. The following features of federation were deduced: it consist of few federation subjects; highest legislative, executive and judiciary powers belongs to the federal institutions; federation subjects has a right to have their own constitutions, legislative, executive or judiciary institutions; all rights and duties of federation and its own subjects stated in federal constitution; federal parliament consists of two houses (bicameral system); federation subjects don’t have sovereignty typical for states, they only have autonomy; day-to-day decisions are made by majority voting. This system was used through article.From its inception, the EU has always experienced ongoing changes, made by reform treaties. In the period until the Maastricht treaty the idea of unified Europe was followed by European Community establishment treaties, which was “supranational” organisation. The features of federation in that time weren’t obvious, as they were still developing. The primacy of EU law over national law, direct elections of EU Parliament, strong role of Court of Justice, were a few “federal-like” features. After the treaty of Maastricht European countries became even more integrated. Therefore, today the EU shows resemblance to a federal state: many decisions acceptable by majority voting; Council and Parliament of EU similar to bicameral parliament in federal states. But still the EU can’t be called federal state, as the states remains sovereign.