The European Community as a Federal State

An investigation of the legal, legitimistic, political and cultural elements of the European Community as a federal state compared with the federal nation states Germany and Canada

Master's Thesis , 2009 , 70 Pages , Grade: A-Grade with Distinction

Politics - Topic: European Union

The thesis of this work is that the European Community is a self-standing federal state with inadequate political power, as the Member States keep essential core competences in the fields of Foreign, Defence and Monetary Policy to themselves or limit them to the intergovernmental “pillars” of the European Union. Although it is not yet adequately filled with political competences, the structural shell of the European Community is suitable to fulfil all tasks that should, in the best interest of all Member States, be fulfilled on the federal level. Today’s European Community has developed the three elements of a state (Territory, Original Power and Permanent Population). The European Community has outgrown the former restrictions and limitations of e.g. the direct effectiveness of the legal order, the “originality” and quality of legisla-tive, executive and judiciary power and of the self-standing quality of the Citizenship of the Union. A comparison with the structural, legal and legitimistic elements of the German and the Canadian federations shows that the Community’s system has adopted very similar, sometimes even almost identical, features. The state quality, which is regarded as a “given” when it comes to Germany or Canada, should there-fore no longer be denied to the Community. Still not vanished but very much reduced is the Community’s traditional “democratic deficit”. The competences of the Euro-pean Parliament have been significantly expanded and the Community also found other ways of civil society’s participation. Besides that it adopted the doctrine of “checks and balances” of separated state powers. The transfer of political powers and competences has, however, not kept pace with the structural development. Es-sential areas of Foreign, Defence and Monetary Policy are still a prerogative of the Member States. As a result the European Federal State cannot use its potential, e.g. its enormous “bargaining power” on the international stage or the full capacity of the internal market’s and single currency’s economic power to produce economical and political surplus beneficial for all Member States. Therefore the key competences should be transferred to the Community’s supreme legislative competence under full responsibility of the European Parliament. This process should not be hindered by the frequently mentioned lack of inner cohesion in the Community due to a lack of “cultural identity”.

Inhaltsverzeichnis (Table of Contents)

• ABSTRACT
• INTRODUCTION
• THE SUBJECT
• THE METHODOLOGY
• LEGAL AND STRUCTURAL ELEMENTS OF A FEDERAL STATE
• WHAT MAKES A STATE FEDERAL? THEORY, PRACTICE AND PROBLEMS OF COMPARISON
• WHAT MAKES A STATE A STATE?
• THE EC AND THE STRUCTURAL ELEMENTS OF A STATE
• WHOSE TERRITORY IS IT, ANYWAY?
• THE ORIGINAL POWER OF A STATE TO RULE
• LEGISLATIVE POWER - DEFINING A SUPREME LEGAL ORDER
• MORE ON LEGISLATIVE POWER - THE SUBSIDIARITY PRINCIPLE
• JUDICIAL POWER - ECJ, NATIONAL COURTS AND THE QUESTION OF SUPREMACY
• EXECUTIVE POWER - GOVERNED BY THE COMMISSION OR A GOVERNED COMMISSION?
• ORIGINAL POWER - DO STATES MAKE TREATIES OR DO TREATIES MAKE A STATE?
• PERMANENT POPULATION: - SEARCHING THE CITIZENS OF EUROPE
• THE EC AND THE LEGITIMISTIC ELEMENTS OF A FEDERAL STATE
• STATES RULED BY THE LAW
• THE PRINCIPLE
• LAW RULED BY RIGHTS - THE GUARANTEE OF HUMAN AND FUNDAMENTAL RIGHTS
• THE SEPARATION OF POWERS
• LEGITIMIZED BY THE DEMOS - HOW MUCH PARLIAMENT DO YOU NEED?
• THE EC AND ITS POLITICAL POWER
• MUST A FEDERATION HAVE A CORE?
• A COMMON CURRENCY
• A COMMON DEFENCE
• A COMMON FOREIGN POLICY
• THE FEDERATION'S STONE
• THE EC - AN EMPTY SHELL?
• ALL CURRENCIES ARE EQUAL BUT ONE CURRENCY IS MORE EQUAL
• THE CFSP - A DIFFICULT BIRTH STILL IN PROGRESS
• THE FILLING OF THE SHELL
• A STATE'S IDENTITY
• SEARCHING FOR A COMMON CULTURE
• CULTURAL DIVERSITY - ENEMY OR JUSTIFICATION OF FEDERAL SYSTEMS?

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This work aims to determine the extent to which the European Community can be considered a federal state, particularly in light of its limited political power. It examines the legal, legitimistic, political, and cultural aspects of the European Community within the context of federalism, drawing comparisons with established federal nation states such as Germany and Canada. Key themes explored in this text include: * The legal and structural elements of a federal state, considering the European Community's unique characteristics. * The legitimistic elements of a federal state, including the rule of law, separation of powers, and democratic participation. * The political power of the European Community, examining the role of key institutions and policy areas such as foreign, defense, and monetary policy. * The cultural identity of the European Community and its relationship to federalism. * The potential for the European Community to evolve towards a more complete federal state.

Zusammenfassung der Kapitel (Chapter Summaries)

This section provides summaries of the key points covered in each chapter, excluding the conclusion and final chapter to avoid spoilers.

Chapter 1: Introduction

This chapter introduces the subject of the study and outlines the methodology employed.

Chapter 2: Legal and Structural Elements of a Federal State

Chapter 2 discusses the theoretical and practical aspects of federalism, exploring the defining characteristics of a federal state and highlighting the challenges of comparative analysis. It examines the essential elements that constitute a state, setting the groundwork for subsequent chapters.

Chapter 3: The EC and the Structural Elements of a State

This chapter delves into the structural elements of the European Community, analyzing its territory, original power to rule, and permanent population. It explores the development of the European Community's legal order, examining the legislative, executive, and judicial powers, and its evolving concept of citizenship.

Chapter 4: The EC and the Legitimistic Elements of a Federal State

Chapter 4 focuses on the legitimistic elements of the European Community, exploring its adherence to the rule of law, the separation of powers, and democratic participation.

Chapter 5: The EC and its Political Power

This chapter examines the political power of the European Community, discussing the importance of a common core and exploring key areas such as foreign, defense, and monetary policy. It analyzes the current state of the EC's political power and its potential for future development.

Chapter 6: A State's Identity

Chapter 6 delves into the cultural identity of the European Community, exploring the challenges and opportunities presented by cultural diversity in a federal system.

Schlüsselwörter (Keywords)

This work centers on the analysis of the European Community as a federal state. The key focus areas encompass legal, legitimistic, political, and cultural aspects of federalism within the European Community. Key terms include: European Community, federalism, state, legal order, sovereignty, legitimacy, political power, cultural identity, comparison, Germany, Canada.

• College: South Bank University London (Faculty of Art and Human Sciences)
• Grade: A-Grade with Distinction
• Author: Andrea Daniel (Author)
• Publication Year: 2009
• Pages: 70
• Catalog Number: V135429
• ISBN (eBook): 9783640433889
• ISBN (Book): 9783640433520
• Language: English
• Tags: European, Community, Federal, State, European, Community, Germany, Canada, A-Grade, Distinction