Bulletin n. 1/2008
May 2008
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Auber Emmanuel
    États-Unis versus Union européenne. Observations comparatives sur la répartition des compétences
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , numero 517, avril ,  2008 ,  221-226
    From different stories, the United States and the European Union have produced their own constitutional structures. In the European Union the responsibilities of States are not clearly designated, the lawmaker has a strong interstate character, the executive is partly shared. In the American Federation, as the Union was born from an agreement between States, cooperative federalism appears more balanced. However, in spite of the difficulty of elaborating a single analytic system, there are resemblances between the vertical responsibility breakdown adjustment systems allowing for jurisdictional interaction between the two levels. In addition, the centralising case law of the United States' Supreme Court and the European Communities Court of Justice has made it possible to go beyond the constitution/treaty or State/international organisation distinction. In the wake of the Lisbon treaty, the European Union will need to take advantages of the lessons of America's federalism in order to clarify the responsibility breakdown and achieve a budget more suited to the magnitude of its task.
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