The Development of Vertical and Horizontal Division of Power in the European Union as a Composite Supranational Power Sui Generis

Klíma Karel ()
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Klíma Karel: Prof. et doc. (mult.) JUDr. Karel Klíma, CSc., Dr. hab.; Metropolitan university in Prague

European Studies - The Review of European Law, Economics and Politics, 2024, vol. 11, issue 1, 83-104

Abstract: The relations between the EU institutions established by the Treaty of Lisbon, as well as the relations between EU competences and the constitutional sovereignty of the member states, call for constant examination. Through the inductive method of constitutional law, we arrive at the assessment of the European Union as a special composite two-level power. Thus, we use model induction of “form of state”, “form of government” and analysis of types of lawsuits before the Court of Justice of the EU. The internal organization of the EU established in the treaties, as well as the actual decision-making, are dominated by EU bodies of an executive nature. Their executive activity then deepened in several crisis situations, such as the permanent threat of terrorism, the ongoing immigration onslaught on EU territory, the recent COVID epidemic, and the current ongoing aggression of the Russian Federation against Ukraine. The methodology of constitutional law thus reaches the conclusion about the necessity of the positive development of the EU system by improving both horizontal control relations within the EU institutional framework itself, as well as control measures of a procedural nature, especially in relation to derived EU law and possibly also against other interventions (steps) by EU bodies.

Keywords: Treaty of Lisbon; constitutional sovereignty of the member state; EU institutional framework; EU primary law; EU secondary law; vertical separation of powers; horizontal separation of powers; form of government; form of state; division of powers between the EU and Member States; federation; confederation; jurisprudence of the European Court of Justice; lawsuits to the EU Court of Justice; EU Charter of Rights; EU citizenship; internal control system in the EU; crisis situations; territorial sovereignty of the EU (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:11:y:2024:i:1:p:83-104:n:1004

DOI: 10.2478/eustu-2024-0004

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