Federalism: Essential Concepts in Evolution - The Case of the European Union

Lenaerts, Koen

Journal: Fordham International Law Journal

Volume: 21

First Page: 746

Year: 1997

Bluebook Citation: 21 FORDHAM INT'L L.J. 746 (1997)

Author: Koen Lenaerts: all 10 publications


Abstract

This Article aims to examine the instrumental aspects of the European Union structure in order to elucidate the degree of federalism that it contains. The analysis considers: the status of the central authority; the constitutional embedding of the division of powers between the central authority and the component entities; the existence of mechanisms to preserve the identity of the component entities; the foundation of the constitutional order on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; and the enforceability of the constitution.

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