Wybory

[Jaśko]

Tak więc UE tworzy typowy model państwa federalnego, gdzie konstytucje landów (tj. państw )muszą być zgodne z prawem federalnym czyli UE.

A propos federalizmu, natknąłem się na następującą opinię prawnika-naukowca na temat UE z australijskiej perspektywy:

The European Union is not-or is not yet-a federal community. Indeed "federal" is
a word that, in respect of Europe, is anathema to many British people who are
suspicious of the Community and its institutions. From an outsider's point of view,
however, what has been going on for the past forty years or so is, in the words of the
preamble to the Treaty, "an ever closer union". It can also be regarded as incremental
federalism. To this end the European Court of Justice (ECJ) has contributed the most. It
has converted a treaty among sovereign states into a constitution of a legal union, and
it is evolving, as a result of its own efforts, into something like a supreme court of that
union.
Many years ago I examined the work of the first sixteen years or so of the Court's
existence, on the eve of Britain's entry, and concluded that the ECJ had, in many
respects, acted as if the Community was a federal state. Much of its reasoning,
principles of interpretation and doctrines had a similarity to those of the Supreme
Courts of the United States and Canada and the High Court of Australia. That process
has continued, but there is one difference: the ECJ is much bolder in the centralising
steps that it has taken.

(Zines, Leslie "Federalism and Administrative Discretion in Australia, with European Comparisons", 28 Federal Law Rev. 291 (2000). Wytłuszczenia moje.)