11. Dinámica y naturaleza jurídica de la UE

Introduction to the Nature of the European Union

This section provides an introduction to the two main theories about the nature of the European Union: integration and cooperation.

Theories on the Nature of the European Union

• The European Union is a legal union with two main theories explaining its nature: integration and cooperation.

• These theories focus on processes, dynamics, and factors that contribute to understanding the origin of the EU.

Perspectives on the Legal-Political Nature of the EU

This section discusses different perspectives and theories regarding the legal-political nature of the European Union.

Tension between Integration and Cooperation

• There is a clear tension between integration and cooperation in the EU.

• The question about the legal-political nature of the EU remains open, with various perspectives and theories proposed.

• Regardless of its nature, it is important to understand that the EU has emerged in a legal world marked by previous models' crisis.

Evolution from Empires to Modern States

This section explores how states have evolved from empires to modern nation-states, leading to efforts to unite states within associations like the EU.

Transition from Empires to Nation-States

• In earlier times, certain states were more like empires than true nation-states (e.g., British Empire, Spanish Empire).

• With decolonization and independence movements starting in 19th century, numerous nation-states emerged.

• Some traditional European powers experienced a decline in their international influence compared to emerging nations like USA, China, India, Brazil.

• This decline prompted efforts for unity among states such as UK, France, Spain, Germany within associations like EU.

Shift from State Sovereignty to Global Sovereignty

This section discusses the shift from state sovereignty to global sovereignty and the impact on legal norms.

Transformation of Legal Norms

• The concept of state sovereignty has transformed into global sovereignty within the EU.

• The law has shifted from being solely controlled by states to including international organizations, companies, and other entities.

• Traditional legal instruments like legislation have been supplemented by jurisprudence, general principles of law, and soft law.

• Decision-making processes have become more collaborative through agreements rather than coercion.

Two Pillars of EU Law

This section introduces the two essential pillars of EU law: primary (originating) and secondary (derived) law.

Primary and Secondary Law

• EU law consists of two main pillars: primary (originating) law and secondary (derived) law.

• Primary law includes treaties negotiated, accepted, ratified by all member states, defining objectives, institutions, decision-making processes within the EU.

• Secondary law is derived from primary law and includes regulations, directives, decisions that further specify rules for member states' implementation.

Evolution of Primary Law - Treaties

This section focuses on the evolution of primary law in the form of treaties within the European Union.

Evolution of Treaties

• Treaties are negotiated among all member states and ratified by their respective parliaments or through referendums.

• Treaties establish objectives, institutions, decision-making processes that govern relations between member states in the EU.

• Over time, treaties have been modified with new member states joining and important institutional reforms taking place.

The Existence and Role of the European Union

This section discusses the two main perspectives on the European Union (EU): as an international organization or as a federal state. It explores the characteristics that align with both perspectives.

Is the EU an International Organization or a Federal State?

• The EU can be seen as an international organization, formed through treaties and representing voluntary cooperation among member states.

• All EU organs have state representation, although not all institutions solely represent state interests.

• However, active citizen participation in EU activities sets it apart from a typical international organization.

Characteristics of the EU as an International Organization

• The involvement of citizens in EU affairs distinguishes it from traditional international organizations focused solely on states.

• The EU has its own legal system and binding laws that apply to both member states and citizens.

• While there are federalist perspectives suggesting the EU could evolve into a federal state, certain factors challenge this notion.

Characteristics of the EU as Not Being a State

• The EU does not possess its own territory; instead, it relies on member states' borders.

• The concept of European citizenship complements national citizenship rather than replacing it.

• The lack of sovereignty monopoly prevents categorizing the EU as a federal state.

Why is the European Union Unique?

This section highlights three key characteristics that differentiate the European Union from both international organizations and federal states. These characteristics contribute to its unique nature.

Three Key Characteristics of the European Union

1. A New Form of Social Organization

• The EU represents a new form of societal organization distinct from traditional international organizations or federal states.

2. Shared Sovereignty

• The concept of shared sovereignty underpins the functioning of the EU through a system of competences.

3. Lack of Competence over Competences

• The EU does not have the authority to determine its own competences, distinguishing it from a federal state.

The Evolution and Nature of the European Union

This section explores the dynamic nature of the European Union and its continuous process of federalization. It discusses two methods of decision-making within the EU: integration and cooperation.

Integration and Cooperation in the EU

• Integration, also known as the community method or monnet method, involves decision-making by majority vote among all institutions.

• Cooperation, also known as intergovernmental method, involves decision-making by member states' representatives in the Council of the European Union and European Council.

Continuous Process of Federalization

• The EU's dynamism allows for both integration and cooperation approaches.

• The EU is constantly evolving, with its system moving towards greater federalization.

• The Tribunal of Justice oversees integration decisions, while cooperation occurs through intergovernmental institutions.

Timestamps are provided for each section to easily locate specific parts in the transcript.

Relations between EU Member States and External States

This section discusses the relationships between EU member states, external states, and macroeconomic policies. It highlights the relevance of state-specific issues such as pensions, minimum wage, and microeconomic matters.

State Relevance

• The EU focuses on issues within its domain, while state-specific matters like pensions and minimum wage remain under the control of individual member states.

• Microeconomic matters are also considered internal affairs of each state.

The European Union as a Legal Union

This section explores the characterization of the European Union as a legal union. It discusses how different theories complement each other rather than excluding one another. Additionally, it examines whether the EU can be considered an independent legal actor or should be classified as a state or international organization.

Complementary Theories

• Different theories regarding the nature of the EU do not exclude each other but rather complement one another.

• The characterization of the EU as an independent legal actor is valid.

• There are arguments both in favor and against classifying the EU as a state or international organization.

Functional Approach to Understanding the European Union

This section proposes understanding the European Union as a functional entity that falls somewhere between an international organization and a federal state. It encourages reflection on how different aspects converge to shape its nature.

Reflecting on Classification

• The classification of the EU as an international organization or federal state is not definitive.

• Encourages individuals to consider which aspects align with either classification.

• Views it as a sui generis entity that has emerged to lead other unions between states worldwide.

Unique Nature of the European Union

This section emphasizes the unique nature of the European Union as a sui generis entity that is here to stay and potentially lead other state unions globally.

Unique Entity

• The EU is a sui generis entity, meaning it is unique and does not fit neatly into existing classifications.

• It has emerged as a significant player in global affairs.

• Likely to serve as a model for future state unions.