Is the European Union a Federation?

Paper Summary:

The paper analyzes the structure of the U.S. judicial system compared to the current situation in the European Union. The paper reaches the conclusion that if the European Union is not a true federation based on the American model, it could be described as a hybrid, mix jurisdiction, or alternatively, a 'confederation' as a system in between an international organisation and a federation.

Outline:
The American Judicial System
The European Union Judicial System
The European Union: A Hybrid, Mix Jurisdiction?

From the Paper:

"'We must build a kind of United States of Europe'. These were the words pronounced by the famous wartime prime minister of Britain, Winston Churchill, in his speech at Zurich University on the 19th of September 1946. But as soon as June 1941, the Ventotene Manifesto was calling for a 'European Federation', and since, the debate has never lessened. Academics have spoken of a 'federation in the making' , 'an embryonic federal structure' , 'an association of sovereign States with a federal potential' , etc. For some others, any idea of federalism itself is to be banned from the European context. It seems like there is a kind of fear of federalism. From a comparatist perspective, it is interesting to analyse the European Union in parallel with the United States, which is a federal State par excellence, in order to assess whether the Union may be assimilated to such a federation. However, as everything cannot be possibly covered, it is necessary to limit the scope of the study."

Sample of Sources Used:

• Europe Must Avoid the American Model, Janet Daley, 1989
• Text, cases and materials on European Union law, John Tillotson and Nigel Foster, London: Cavendish Publishing Ltd, 2003, 4th Edition
• After 1992 - The United States of Europe, Wistrich, E, 1989
• The Ventotene Manifesto, Altiero Spinelli and Ernesto Rossi, Chapter 1 in The European Union: readings on the theory and practice of European integration, edited by Brent F
• The Tragedy of Europe, Winston S. Churchill, Chapter 2 in The European Union: readings on the theory and practice of European integration, edited by Brent F

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