THE SEPARATION OF POWERS IN THE CONSTITUTIONS OF THE EU MEMBER STATES

Abstract

The purpose of this study consists of realizing and offering an overview of the manner in which the principle of separation of powers is consecrated in the constitutions of the EU member states. We thereby aim to prove that there is no direct relationship between the form of government of a state, the expressis verbis constitutional regulation of the principle of separation of powers in the state and its effective observance, for the existence of the last fact being necessary the simultaneous concurrence of more social, economic and political factors at the level of the society as a whole. Also, we aim to offer a perspective as realistic and comprehensive as possible regarding what does the principle of separation of powers imply, mostly from a legal point of view, as well as about the implications that its respecting or lack of it, as the case, does have at the level of a society. Eventually, we hope to provide a relevant academic study regarding the subject of both great topicality and theoretical and practical interest regarding the fundamentals and especially the operating mode of the principle of separation of powers, a study which could serve, if it shall be taken into consideration by the political plan of the state, to the substantiation of some responsible decisions in the ongoing act of exercising the power.

Keywords

• Constitution
• EU member states
• separation of powers
• Parliament
• Government
• judicial power