Simone Lawson
The concept of a supranational constitution has been a topic of discussion and debate in international relations theory, with the European Union (EU) being the closest example of a supranational union. The term supranational refers to a multinational association where member countries cede authority and sovereignty on certain internal matters to the group, with its decisions being binding on all members. The EU, with its mix of classical parliamentary government and a politically elected government, along with a supranational community and an independent European Commission, provides an interesting case study for understanding the complexities of supranationalism. Albert Einstein, in the aftermath of World War II, advocated for a supranational organization to control military forces and prevent future conflicts. This essay aims to explore the nature of supranational constitutions, the challenges they pose to the traditional Westphalian system of nation-states, and their potential role in international relations.
| Characteristics | Values |
|---|---|
| A supranational organization is a multinational union or association | The EU, United Nations, and the World Trade Organization (WTO) are all supranational groups |
| Member countries cede authority and sovereignty on internal matters to the group | The decisions of the group are binding on its members |
| The group's decisions affect each country's citizens | The EU has supranational competencies conferred on it by its member states |
| Supranational organizations set international rules governing the affairs of nations | Preventing conflict and promoting cooperation, particularly on economic and military matters |
| Citizens of countries belonging to supranational organizations complain of "interference" in local affairs | Einstein advocated for a supranational organization to control military forces |
| Supranational groups mark an evolution or a break from the Westphalian system | Regime theory in international relations has returned to the study of law |
| The democratic independence of key institutions is blurred | The Lisbon Treaty mixes two principles: classical parliamentary government and a politically elected government |
| The idea is to run the European Commission as a political office | The Commission defines key legal aspects of the supranational system |
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What You'll Learn
The European Union as a supranational entity
The European Union (EU) is a unique supranational entity, the closest thing to a true supranational union the world has ever seen. It was created in the 1950s, in the aftermath of World War II, to prevent neighbouring countries from going to war and to promote peace and cooperation. Albert Einstein was a prominent advocate for the idea of a supranational organisation, writing and speaking frequently in favour of a supranational group that would control all military forces to prevent nuclear war.
The EU is a supranational polity that lies somewhere between a confederation of independent states and a single federal super-state. Its member states cede authority and sovereignty on certain internal matters to the group, and its decisions are binding on all members. Each member votes on policies that will affect each other, and the group as a whole. The EU has supranational competencies, but only to the extent that they are conferred on it by its members.
The Lisbon Treaty, for example, mixes two principles: classical parliamentary government and a politically elected government, with a supranational community and an independent European Commission. The EU, therefore, retains elements of a supranational union, distinct from a federal state like the United States.
The supranational nature of the EU has been criticised, particularly by nationalists who resent following internationally agreed rules and view the decisions of supranational organisations as an infringement on the sovereignty of member states and their people. However, many see supranational organisations as a better way to govern international affairs, prevent conflict, and promote cooperation, especially on economic and military matters.
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The impact of supranationalism on international relations
The concept of supranationalism has had a significant impact on international relations, reshaping the way nations interact and make decisions. By definition, a supranational organization is a multinational union in which member countries voluntarily cede authority and sovereignty on certain internal matters to the group, with the decisions of the group being binding on all members. This marks a departure from the traditional Westphalian system, where nation-states held absolute sovereignty.
One of the key impacts of supranationalism is the promotion of cooperation and conflict prevention between nations. Organizations like the European Union (EU), the United Nations, and the World Trade Organization (WTO) provide platforms for member states to collectively address global issues, particularly in economic and military spheres. The EU, for instance, was established in the 1950s with the aim of preventing wars between neighboring countries, marking a shift towards supranational thinking after the devastating world wars of the first half of the 20th century. Albert Einstein was a prominent advocate for supranationalism during this period, proposing a "supranational" organization to control military forces and prevent nuclear war.
Supranationalism has also led to a greater integration and blurring of national boundaries, particularly within the EU. The EU's Lisbon Treaty, for instance, mixes classical parliamentary government with a politically elected government and a supranational community with an independent European Commission. This has resulted in a form of democratic independence that differs from traditional federal states. However, critics argue that this blurring of boundaries and the mixing of intergovernmental and supranational systems within the EU have led to a loss of democratic control and complaints of "interference" in local affairs.
In conclusion, supranationalism has significantly influenced international relations by fostering cooperation, preventing conflicts, and integrating nations more closely. It has challenged the traditional notions of sovereignty and provided a platform for collective decision-making on global issues. However, it has also raised concerns about the balance between supranational decision-making and national autonomy, particularly in the context of democratic control and local affairs. The impact of supranationalism continues to shape the evolving landscape of international relations, offering both opportunities for collaboration and challenges in terms of power dynamics and political ideologies.
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The role of transnational society in European integration
The idea of a supranational constitution has been a topic of discussion and debate in international relations theory, with the European Union (EU) often cited as an example of a supranational union or community. The EU has been described as a "true supranational institution" by its founders and is considered by some as the closest thing to a truly supranational union in the world. The development of the EU and other supranational organizations has been influenced by the desire to prevent conflicts, particularly in the aftermath of the two world wars and the dropping of atomic bombs on Hiroshima and Nagasaki. Albert Einstein, for instance, advocated for a supranational organization to control military forces, including nuclear weapons, to avoid future wars.
One example of the role of transnational society in European integration is the establishment of economic and trade communities. The European Coal and Steel Community, the first iteration of the EU, was created in the 1950s with the aim of preventing wars between neighboring countries. This community allowed for the sharing of decision-making and resources related to coal and steel production, which were important industries for many European countries at the time.
Another illustration of the impact of transnational society on European integration is the creation of consultative committees and the development of parliamentary systems. The European Economic and Social Committee and the Committee of the Regions, established by treaties, have powers equivalent to parliaments in their respective areas. These committees provide a platform for cross-border collaboration and decision-making, allowing for the representation of various regional and societal interests within Europe.
Furthermore, the Lisbon Treaty, which mixes classical parliamentary government with a politically elected government, is another outcome of transnational society's influence on European integration. The treaty retains elements of a supranational union, combining intergovernmental and supranational systems. However, it has also been criticized for blurring the democratic independence of key institutions and favoring major political parties over smaller, regional groups.
In conclusion, the role of transnational society in European integration has been significant, contributing to the formation of supranational institutions, the development of economic and political communities, and the evolution of parliamentary systems. The EU, with its complex mix of intergovernmental and supranational features, stands as the most prominent example of transnational society's impact on European integration.
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The democratic independence of supranational institutions
The concept of a supranational constitution has evolved as a means to prevent conflicts and promote cooperation among nations, particularly in the aftermath of the two world wars. Supranational organizations, such as the European Union (EU), the United Nations, and the World Trade Organization (WTO), are formed when member countries agree to cede some of their authority and sovereignty on internal matters to the group. The decisions made by these organizations are binding on their members, and they often provide member states with greater collective influence in global affairs.
The Commission, as defined by Article 9 of the Paris Treaty, is intended to uphold the democratic independence of supranational institutions. Its members must be free from commercial, labour, consumer, political, or lobby influences. The early presidents of the Commission and the High Authority played pivotal roles in defending European democracy against national autocratic practices. They advocated for the weak against the rule of the strong.
However, the reality of the EU's democratic independence has been complicated. Governments have sought to treat the Lisbon Treaty as a classical treaty or an amendment, bypassing the need for citizen support or democratic approval. Additionally, the EU's member states have only conferred competencies on the union to the extent that they are willing to grant them, which can limit its supranational powers.
In conclusion, the democratic independence of supranational institutions is a complex and evolving concept. While supranational organizations like the EU strive for democratic principles and independence from national politics, they also face challenges such as treaty interpretations, power dynamics between member states, and the need for citizen engagement and approval. The balance between democratic independence and the interests of member states continues to shape the nature of supranational institutions and their impact on international relations.
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Dispute resolution and governance in the European Community
Governance in the European Union has been studied through various lenses, including interactive governance, multilevel governance, and committee governance. Interactive governance, introduced in the early 1980s, has been overshadowed by statism and new institutionalisms. It highlights the connection between interactive governance and neoliberalism, where individuals are incentivized to prioritize success in competitive games above all else.
The 'governance turn' in the study of European integration has brought attention to different approaches, such as the multilevel approach. Committee governance is also significant, with committees playing a crucial role at each stage of the policy process in the European Union. These committees work with expert advisory groups, legislative bodies, and implementing committees to draft, examine, and adopt policies and measures.
The Council of Europe and the European Union work together through the Partnership for Good Governance to support the United Nations Sustainable Development Goals (SDGs). This partnership provides technical assistance, legislative expertise, and policy advice to beneficiary countries, helping them align their legislation and practices with European standards. The European Union's role is to harmonize legislation and practices in certain policy areas, bringing its member states closer together economically and politically.
Dispute resolution in the European Union and its predecessor, the European Community, has evolved over time. The European Online Dispute Resolution (ODR) Platform, established by the European Commission, provided a mechanism for consumer dispute resolution until 20 July 2025. The EU Arbitration Convention, adopted in 1990, has been an important instrument for resolving transfer pricing disputes among member states. The Convention has been supplemented by a Code of Conduct to improve its effectiveness and reduce resolution timelines. Additionally, the Directive on tax dispute resolution mechanisms, adopted in 2017, aims to further enhance dispute resolution within the European Union.
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Frequently asked questions
A supranational constitution is a form of government where member countries cede authority and sovereignty on some internal matters to a multinational union or association.
Supranational organisations are seen as a way to prevent conflict and promote cooperation between nations, particularly on economic and military matters. They also give member states greater collective influence in global affairs.
Critics, particularly nationalists, argue that supranational organisations infringe on the sovereignty of member states and their people. Citizens of countries belonging to supranational organisations also sometimes complain of interference in local affairs.
Examples of supranational organisations include the European Union (EU), the United Nations, and the World Trade Organization (WTO).
