The word 'federal' isn't mentioned in any European treaty. The European authorities have decided to avoid referring to this system of governance to talk about the European project. However, the concept of a European federation hides beneath all European treaties. Applied to states, in summary, federalism is a system in which the power to govern is shared between national and central governments, creating what is called a Federation. Around the world, there are several types of federation; many countries have chosen this type of organization, such as the United-States and Germany. The different types of federations makes it difficult to definite it precisely. The European Project tends to bind countries within institutions. Different treaties were signed to reach this project. The Lisbon Treaty has been signed on the 13th December 2007 in Lisbon between the 27 state members of the European Union, which tends to transform the institutional architecture of the Union. It provides the institutions that form a European state. The first idea to question is whether or not Lisbon Treaty institutes a European federation. This problem requires studying the main features of a federation and analyzing the future power structure of the Union. Therefore, it will be necessary to compare international models of federation who already exist in the European Union.
[...] The first idea to question is whether or not Lisbon Treaty institutes a European federation. This problem requires studying the main features of a federation and analyzing the future power structure of the Union. Therefore, it will be necessary to compare international models of federation who already exist with the European Union. On one hand, it will be observed that the European Union is emerging as a fully-fledged federation sharing some characteristics of a federation's structure. On the other hand, the European Union seems to be constituted a fully original form of governance (II). [...]
[...] ARMEL PECHEUL La Constitution malgré nous ? 1 ed. Cujas Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000” (Art 6 LRT) According to the principle of subsidiarity, the EU is responsible for matters within its exclusive jurisdiction, when its action is more effective than action taken at national level. Van Gend en Loos (1963) ECR (1963) CMLR 105. Van Duyn v Home Office (1974) ECR 1337, ( 1975) 1 CMLR (1975) 3 all ER 190. [...]
[...] In the same way, the Lisbon Treaty recognises the “European Central Bank” (Art9). Obviously, a parallel can be done with the central bank of America. Finally, Lisbon treaty reinforces the Union's citizen term in the article A2, substitutes the term peoples of the States” used in the Maastricht treaty Also, the article 8 replaces the word “complement” by “additional” This illustrates the aim to dissociate citizenships and the will to create an independent citizenship. Therefore, it seems possible that one-day, European citizenship may replace national citizenship. [...]
[...] Europe makers do not want to affirm expressly the primacy for not scare the state's sovereignty. Europe is not entirely a federation. It has many particularities. The big breach for speak of Federal Europe is its lack of common symbols uniting people. B. The lack of European symbols From the beginning, the intention of building a Federation made itself very clear. Indeed, already in the fifties, Jean Monet argued, "We are not bringing together states, we are uniting people " [14]. [...]
[...] The new framework proposed by the Lisbon treaty seems federal. It is not states acting in common but Europe acting alone. The organisation of powers reinforces this idea. B. One federalist organisation of powers Lisbon Treaty organises the powers of Union like a federation. Firstly, the Commission resembles a government. Its President is elected by the Parliament. Furthermore, the article 9D claims, Commission shall promote the general interest of the Union”. Commission is competent to act in areas such as common foreign and security policy (Art11). [...]
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