The Development of Vertical and Horizontal Division of Power in the European Union as a Composite Supranational Power Sui Generis
The Development of Vertical and Horizontal Division of Power in the European Union as a Composite Supranational Power Sui Generis
Author(s): Karel KlímaSubject(s): Supranational / Global Economy, Law and Transitional Justice, Political Sciences, Comparative politics, History of European Union, Public Finances
Published by: Univerzita Palackého v Olomouci
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;
Summary/Abstract: The relationship between EU institutions established by the Treaty of Lisbon and the relationship between EU competences and the constitutional sovereignty of member states requires constant examination. Using an inductive method of constitutional law, the article assesses the European Union as a special composite two-level power. This analysis incorporates the "form of state," "form of government," and types of lawsuits before the Court of Justice of the EU. The internal organization of the EU and its decision-making are dominated by executive bodies. Their executive power deepened during various crises, including terrorism, immigration, the COVID-19 pandemic, and the Russian Federation's aggression against Ukraine. The methodology concludes that positive development of the EU system necessitates improving both horizontal control within the EU institutional framework and procedural control measures, especially concerning derived EU law and interventions by EU bodies.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 11/2024
- Issue No: 1
- Page Range: 83-105
- Page Count: 23
- Language: English
