Supranational Union - Distinguishing Features of A Supranational Union

Distinguishing Features of A Supranational Union

A supranational union is a supranational polity which lies somewhere between a confederation that is an association of States and a federation that is a state. The European Economic Community was described by its founder Robert Schuman as midway between confederalism which recognizes the complete independence of States in an association and federalism which seeks to fuse them in a super-state. The EU has supranational competences, but it possesses these competences only to the extent that they are conferred on it by its member states. {Komptenz-Komptenz} Within the scope of these competences, the union exercises its powers in a sovereign manner, having its own legislative, executive, and judicial authorities. The supranational Community also has a chamber for organized civil society including economic and social associations and regional bodies.

Unlike states in a federal super-state, member states retain ultimate sovereignty, although some sovereignty is shared with, or ceded to, the supranational body. Supranational agreements encourage stability and trust, because governments cannot break international accords at a whim. The supranational action may be time-limited. This was the case with the European Coal and Steel Community, which was agreed for 50 years with the possibility of renewal. Supranational accords may be permanent, such as an agreement to outlaw war between the partners. Full sovereignty can be reclaimed by withdrawing from the supranational arrangements but the member state would also lose the great advantages offered by mutualities, economies of scale, common external tariffs and other commonly agreed standards such as improved international trust and democracy and common external positions.

A supranational union, because it is an agreement between sovereign states, is based on international treaties. The European treaties in general are different from classical treaties as they are constitutionalizing treaties, that is they provide the basis for a European level of democracy and European rule of law. They have something in the nature of a constitution and like the British constitution, not necessarily a single document. They are based on treaties between its member governments but have normally to undergo a closer democratic scrutiny than other treaties because they are more far-ranging, affecting many areas of citizens' lives and livelihoods. This is why citizens often demand referendums.

Decision-making is partly intergovernmental and partly supranational within the Community areas. The latter provides a higher degree of institutional scrutiny both via the Parliament and through the Consultative Committees. Intergovernmentalism provides for less democratic oversight, especially where the institution such as the Council of Ministers or the European Council takes place behind closed doors, rather than in a parliamentary chamber.

A supranational authority can have some independence from member state governments in specific areas, although not as much independence as with a federal government. Supranational institutions, like federal governments, imply the possibility of pursuing agendas in ways that the delegating states did not initially envision. Democratic supranational Communities, however, are defined by treaty and by law. Their activity is controlled by a Court, democratic institutions and the rule of law.

The union has legal supremacy over its member states (only) to the extent that its member state governments have conferred competences on the union. It is up to the individual governments to assure that they have full democratic backing in each of the member states. The citizens of the member states, though retaining their nationality and national citizenship, additionally become citizens of the union.

The European Union, the only clear example of a supranational union, has a parliament with legislative oversight, elected by its citizens. To this extent, a supranational union like the European Union has characteristics that are not entirely dissimilar to the characteristics of a federal state like the United States of America. However, the differences in scale become apparent if one compares the United States federal budget with the budget of the European Union (which amounts only to about one percent of combined GDP) or the size of the federal civil service of the United States with the Civil Service of the European Union.

Because decisions in some EU structures are taken by majority votes, it is possible for a member state to be obliged by the other members to implement a decision. The states retain the competence for adding this additional supranational competence.