The system of government and the separation of powers

Cesare Pinelli

Chapter 15 in Research Handbook on European Constitutional Law, 2026, pp 266-282 from Edward Elgar Publishing

Abstract: The chapter is devoted to the issue of to what extent the current EU system of government corresponds to the separation of powers principle, and of whether the latter should inspire the former. In this respect, the chapter gives a positive answer, not because the EU system requires to conform to the model of the state, as it might be sometimes expected, but for reasons connected to its own functioning. In this perspective, the separation of power principle can be viewed as a condition for addressing the specific problems that the EU institutions have long experienced. Attention is particularly drawn to the relationship between political institutions, where the system's flaws are likely to threaten its very functioning to a greater extent than for what concerns the judiciary.

Keywords: Separation of powers; System of government; Constitutional democracy; Governance; Non-majoritarian authorities; Democratic deficit (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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