L’union par le droit: Quo vadis, Europa?

Abstract

The European Union is based on the principle of attribution of powers, sharing the sovereignty between Europe and the States-Nation. This principle was intended to ensure that most powers could be exercised as close as possible to the citizens. What happens in the EU is just the opposite. Not only do we do not have a Constitutional Treaty, but the border between the competences of the Union and those of its Member State-Members is very vague and shifting. We are witnessing an increase in EU competences at a horizontal level, between European institutions and national institutions, and at a vertical level, ever-increasing material competences are exercised at European level. This is a problem since the first victims are the citizens. This increase in the powers of the Union is to the detriment of democracy in Europe. Hence, unsurprisingly, the national retreat, the populism and the reflections around the European democratic deficit.