The decision of the European Council to introduce a rule of law mechanism in the budget of the EU marks the emergence of a new model of transnational governance in Europe.
The European Model of Transnational Governance, as it may be called, has arisen alongside the prevailing Westphalian System of International Relations, according to which the EU had either to become a federal state or to form a confederal union of states.
However, the Westphalian imperative has not materialised. By establishing itself as a Union of democratic States, based on the rule of law, which also functions as a constitutional democracy of its own, the EU has evolved into a new category of international law.Read more
Guest blog by Jaap Hoeksma.
The EU and its predecessors have been struggling with their identity ever since the start of the great transformation of Europe after World War II. As early as 1957 an international conference was convened in order to assess the nature of the newly founded European Coal and Steel Community. Was the ECSC comparable to the existing international river commissions or should it be regarded as a new kind of entity? Since the participants as well as later generations failed to reach consensus, the stakeholders in the debate agreed to disagree by describing the EC as an ‘organization sui generis’. Numerous treaties and enlargements onward, the academic community continues to portray the EU in terms of an ‘organization sui generis’ as if nothing has happened!Read more
Guest blog by Jaap Hoeksma.
On the face of it, it appears to be a mere coincidence that the Conference about the Future of Europe is to start shortly after the withdrawal of the United Kingdom from the EU. The decision to convene a conference was taken in reaction to the nomination by the European Council of a candidate for the post of President of the European Commission, who had not participated in the May 2019 elections for the European Parliament. This intergovernmental disregard for the democratic procedures practised by the EP caused such an outcry with the citizens of the Union that the Conference will be tasked to ‘give a new impetus to European democracy’.Read more
The March of the Magistrates, which took place in Warsaw on January 11 2020, heralded a new stage in the process of European integration. Judges from various EU member-states gathered in the Polish capital in order to lend support to their colleagues, demonstrating against the erosion of the rule of law in Poland. In doing so, the judges highlighted that respect for the rule of law is no longer an internal matter for EU member-states. Instead, the March of the Magistrates confirms that the EU has become the guardian of the rule of law.Read more
At the start of the new millennium the federalist philosopher Michael Burgess launched the aphorism that the EU cannot function in theory and yet works in practice. This ambiguity was recently underlined by the President-designate of the European Commission Ursula Von der Leyen, who stated in her political guidelines: ‘’Our Union’s democratic system is unique, bringing together directly elected parliamentarians at local, regional, national and European level with elected Heads of State or Government.”Read more
The Spitzenkandidaten-contest is a game, which both the European Parliament and the European Council still have to learn. The difficulty both players are facing is that the rules of the game are unclear, if not contradictory. As each player of board games knows, disputable rules are a recipe for controversy and disappointment. No wonder, then, that the political emotions about the decision of the European Council to propose a non-playing candidate for the presidency of the European Commission are running high.Read more
The evolution of the European Union offers a fine example of the law of the handicap of the head start. The example in point has been accentuated by the jump forward in the evolution of European democracy, which the 2019 elections for the European Parliament brought about. In my previous blog I argued that, thanks to the 2019 EP-elections, European democracy has come of age. Many observers believe that the so-called Spitzenkandidaten practice has played a major role in the outcome. The lead candidate procedure was introduced at the 2014 EP-elections and implies that each party will be represented at Union level by one candidate.Read more
The process of cooperation in Europe, which started in the aftermath of World War II, has resulted in the emergence of an unprecedented political construction on the old continent. Initially, the debate about the nature of the European Communities and their successor the European Union, was dominated by the dilemma as to whether the integration should lead to the creation of a federal state, to be described as the United States of Europe, or to the establishment of a Europe of Nation-States, proudly portrayed by President de Gaulle as ‘l’Europe des Patries. After decades of deadlock, the 2007 Lisbon Treaty overcame the conceptual stalemate by constructing the EU as a democracy without turning the Union into a state.Read more
Major events in history tend to bring about or further major innovations in technology. The announcement of the then Prime Minister of the UK, David Cameron, in January 2013 that he wanted to organise an in- or out-referendum about British membership of the EU triggered the present author to start a series of blogs about Brexit on the website of this library. Blogs form a challenge for traditional academics inasmuch as they have to be short and sharp. The effect of the blog will be highlighted by the punch line in which it culminates. A blog, which solves an age-old conundrum, may turn out to be a greater leap forward in academic advancement than many contemplative books have been.Read more
Today is the set date in the Withdrawal Agreement with the European Union, the United Kingdom is allowed formally to leave the European Union (Brexit).
However, the British Parliament (House of Commons) has to give her approval to Theresa May’s deal. The British Prime minister has even offered to resign, if the House of Commons would vote for her deal. Nevertheless, the House of Commons has shown many ‘NO’ ‘s even to options discussed and proposed within the Parliament.Read more