How to federalize the European Union … and why bother

Abstract:

Most authors agree today that the European Union (EU) is undergoing a process of federalization. This contribution argues that under the unanimity principle for constitutional change, the EU faces three fundamental structural and institutional developments which, combined, may severely hinder its capacity to adapt its constitutional order in the future. These three developments are the expanded number of veto players (through the recent – and future – enlargement), the proposed Treaty on the European Constitution drafted as a detailed text with a clear division of competences, and the increasing use of national referendums on EU integration. By looking in particular at the Swiss but also at the American trajectories of federalization the author proposes three options for the EU to overcome its current ‘federalist deficit’.