Quoting Curt22 (Reply 22): Does this "EU Govt" actually have some measure of enforcement powers over it's member states? |
Yes and no. They have a very strong legal power, but they could not force a state to obey a ruling by sending tanks to the country. The
EC has no army, no police officers, and only few own staff.
They have, however, a very strong legal influence. The European Court of Justice has ruled that
EC legislation is directly applicable in all member states, with other words, a regulation the
EC has adopted WITHIN its competence (which is stated in the treaty) is directly binding not only all states but also the members within the state.
The fields where the
EC is allowed to rule are defined in the
EC treaty, and the
EC is bound to the limited powers principle. This will be retained in the new treaty.
However, and in this point I partly have to agree with Jwenting, since the
EC has lots of powers for the regulation of the internal market, there are lots of measures which directly, or indirectly can affect the internal market. Thus, the
EC has to be given implied powers in order to make the internal market working. These implied powers are not written in the treaty, the European Court of Justice has largely created them, in a very innovative way of jurisdiction.
This can be criticized, as the European Court is too community friendly. But if it goes too far, the national courts actually can get rather critical. For example, the Federal German Constitutional Court has ruled on this issue several times, and has also stressed that there are limits for the
EC supremacy.
This discussion could lead very far, but I will give you a short answer on your question now:
Quoting Curt22 (Reply 22): Does this "EU Govt" actually have some measure of enforcement powers over it's member states? |
The
EC has different institutions. The adminstrative branch is taken by the Commission, which can be called the government of the
EC. It controls whether member states accept the
EC legislation, for example checking subsidies. A member state can violate the
EC treaty in many ways. Making discriminative laws, forbidding foreign products and the like, or simply adminstrating the law in a wrong way.
If the commission finds that a member states violates the treaty (or better said, thinks the member state is doing so), it can sue the member state before the European Court, which then votes on the issue, whether the national provision was legal or not.
If the court finds the state has violated the treaty, it rules so, and the member state must adhere to the ruling.
In reality, the member state always accepts the ruling. Just to give you one example: A french brewery wants to sell their beer in Germany (the treaty allows that). Germany denies that, because of the German purity law on beer. The commission believes this law is an infringement of the treaty (which it is), and brings it before the court, which rules in favour of the commission.
If germany still does not allow the beer to be sold, the french brewery can go before German courts, which rule that Germany must pay compensation.
Since Germany has a functioning divistion of the three powers, the german administration MUST listen to the court, which will rule in accordance with the European court of justice. The german court can otherwise force the administration to accept the ruling.
So you see, while the EU is very weak in terms of administrative power, it has a very good functioning legal framework. This is what makes it so strong.