Looking at the character of the legal system it can be recognised that there are elements of many different legal systems, for instance state, federation, international organisation. Especially from the Treaty of Maastricht in 1992 on there are is a tendence towards a closer unification visible, as the establishment of the European Union and the current debate about a constitution show.
The extent to which the examination of the legal character takes place is, due to the length of the essay and the large number of features of the legal system, a brief one, which can naturally not take in account all the possible arguments.
It looks at 8 categories, which can give good evidence to solve the question of the legal character of the EU.
Table of Contents
1. Introduction
2. Categories
2.1. Competence
2.2. Decision-Making
2.3. Division of power
2.4. Federal elements
2.5. Democracy
2.6. Human rights
2.7. Constitution
2.8. Budget
3. Conclusion
3.1. The EU as an international organisation
3.2. The EU as a state
3.3. The special character of the legal system of the EU
4. References
Research Objectives and Core Themes
This paper examines the legal nature of the European Union by analyzing whether it functions primarily as an international organization or as a state entity, specifically focusing on its unique position between these two models. The central research question explores how the EU's institutional and legal features defy traditional categorization.
- The principle of specific conferment of powers versus state sovereignty.
- Decision-making processes and the representation of state versus community interests.
- Federal characteristics, including the supremacy of EU law and the role of the ECJ.
- The scope of democratic legitimacy within EU institutions and the status of human rights protections.
Excerpt from the Book
2.1. Competence
The competence of the EU can only be derived from the Treaties. The EC deals according to Art. 5 (1) EC Treaty within the authorizations and objectives of the Treaty. In each chapter the extent of the powers to act is defined, the so called principle of specific conferment of powers. They do not dispose of a ´competence de la competence` or general power. It lacks therefore a vital principle for being a state.
When applying its competences the EU has to respect the rule of law and especially has to check the necessity of its action and its proportionality. In case of competences which are not solely granted to the EU and which is the case in most political areas it also has to respect the principle of subsidiarity. It allows only actions, which obviously can better be performed on the Community level than in the national states. Finally the EU is bound on special types of action, which are laid down in the Treaties. This principles are existing in a state, too, especially in a federal state. The examination of the federal elements will take place below.
The scope of the competence is much wider than in international organisations. It covers to different extent almost all the fields of politics. Concerning economic policy almost all the competences of the national states are shifted to the EU. Only a few, albeit, important areas are still withheld and remain in intergovernmental co-operation, such as defence, diplomacy, education and culture, but also in these areas especially after Maastricht some integration steps are made.
Summary of Chapters
1. Introduction: The author outlines the scope of the essay, noting the complexity of categorizing the EU's legal character and the intention to use eight distinct categories for analysis.
2. Categories: This section investigates the legal structure of the EU by evaluating criteria like competence, decision-making, division of powers, federalism, democracy, human rights, constitutional development, and budgetary authority.
3. Conclusion: The author concludes that the EU is neither a traditional international organization nor a state, but rather exists in an intermediate, unique legal position characterized by supranationality.
4. References: A bibliography listing the legal texts, handbooks, and academic articles used to support the analysis of EU law.
Keywords
European Union, EC Law, Competence, Supranationality, Federalism, Decision-Making, Division of Power, European Court of Justice, Human Rights, Constitutional Charter, Member States, International Organization, Statehood, Supremacy, Subsidiarity.
Frequently Asked Questions
What is the primary focus of this academic work?
The work focuses on determining the legal nature of the European Union, specifically analyzing whether its structure aligns more with an international organization or a state.
What are the central thematic fields covered?
The study covers institutional competence, decision-making, the division of powers, federalist elements, democratic legitimacy, human rights protections, and the nature of the EU constitution.
What is the core research question?
The main question is how to define the special character of the EU's legal system given that it contains elements of both national states and international organizations.
Which methodology does the author employ?
The author uses a comparative and analytical approach, evaluating eight specific categories of legal and political features against established models of statehood and international cooperation.
What does the main body of the text discuss?
The main body examines the practical application of EU law, the role of the European Court of Justice (ECJ), and how the EU manages competences, budget, and legislation compared to sovereign nations.
How can the work be characterized by keywords?
The work is characterized by themes of supranationality, autonomy of the legal order, and the interplay between member state sovereignty and EU-wide integration.
How does the author view the EU's "competence"?
The author highlights the "principle of specific conferment," noting that the EU lacks a "competence de la competence" and is thus limited by the Treaties, unlike a sovereign state.
What is the significance of the "Stauder" case mentioned in the text?
The Stauder case is cited as the historical point where the ECJ first affirmed that fundamental rights are enshrined in the general principles of Community law, even in the absence of an explicit bill of rights.
- Quote paper
- Georg Schwedt (Author), 2002, The special legal character of the EU , Munich, GRIN Verlag, https://www.grin.com/document/54542
