Annals of the University of Oradea: Economic Science (Jul 2013)
SOME CRITICAL ASPECTS CONCERNING THE INSTITUTIONAL SYSTEM OF EUROPEAN UNION
Abstract
In this paper we want to clarify and understand the decisional process in European which is related to the determination of the identity of the Union, answering to several questions concerning the implementation of the European Union into an organization, the different relations with other organizations and with the international law. In the family of the international organizations, the European Union has its own place because it realizes an economic integration project and a political one, a supranational but refusing the traditional categories of constitution and the international law. Qualifying as an international organization sui generis, EU developed a new legal order, deciding to create a supranational organization, formed by Member States and their citizens. The integration process is a permanent challenge opened to a new and developing process for solving all the internal and external problems of the EU. The States have an international "sensitivity" when the application of EU rules exceeds their obligations laid down in the Treaties to third countries and international organizations to which they have not exempted obligations. It was argued that the concept of "demos" or acting people is intrinsically linked to that of the nation-State. The issue of democratic deficit of the European Union is bound to four basic problems: the construction as a whole and therefore of the institutional system, under the principle of conferral, the Union shall act only within the limits that Member States have been conferred in the Treaties to attain the objectives that they set, The Treaty of Lisbon reinforces the legitimacy of the operation of the Union based on free and democratic will expressed by Member States. European construction is achieved through a democratic transfer of competences of the democratic States to a Commission subject to a weak democratic control, while the European Central Bank preserves absolute dominion over its monetary policy outside democratic control.The democratic deficit of the European Union must be judged in the light of the democratic ideal, which led to an ideal-type of political regime, being found itself in constant restructuring, with respect to the evolution of socio-political realities.
