The European Civil Protection Pool: Insufficient for the E.U.'s Civil Protection Mechanism

The European Civil Protection Pool (ECPP) was established in 2013 to provide emergency response personnel and equipment to combat natural and man-made disasters in Europe. The Pool is the central component of the E.U. Civil Protection Mechanism (UCPM). However, the ECPP depends on voluntary contributions from the state governments and even extends beyond the E.U. to include ten European sovereign states. The reliance on voluntary contributions, as well as the distended coverage beyond the E.U. have a weakening impact on the ability of the European Commission, the E.U.’s executive branch, to respond to raging forest fires, as were out of control in several southern states during the summer of 2026. Heat-wave after heat-wave plus decades of those states allowing deadwood to accumulate in the forests (the same error had also exacerbated the massive 1988 fire in Yellowstone and Grand Teton parks in Wyoming) provided a “perfect storm” for raging fires by July. Even the Commission’s emphasis on prevention had not been enough, given the reliance on the states, literally to have enough brush and dead trees culled prior to the hot summer. I contend that the Commission having to rely on the states (and even ten other countries!) to contribute personnel and equipment in the ECPP program, which is in line with the Commission’s typical coordinative approach, is out of step with the E.U.’s actual federal system of dual sovereignty because a mere coordinating role fits what Althusius, in his 1603 text, Political Digest, calls non-plena foedus (non-full federalism: all governmental sovereignty is at the state level).

With hundreds of thousands being “forced to evacuate their homes as flames spread across several regions” of the E.U., questions were being raised in late July, 2026 “over whether Europe’s crisis management systems [were] adapting fast enough.”[1] In two E.U. states alone, more than 120,000 hectares had burned. Even though E.U. President Von der Leyen wrote at the time, “My thoughts are with the firefighters who bravely battle the flames and with all those [people who have been] evacuated,”[2] her first administration had put the emphasis on preventing rather than fighting fires under the assumption that if the fires are prevented, then not much effort and money would be needed to combat fires once they are underway. The problem, however, was not limited to a faulty policy-orientation at the federal level. Crucially, the European Civil Protection Pool in the UCPM relied on voluntary contributions from the states, and even other countries beyond the purview of the Commission! To be sure, several states, along with Turkey, sent firefighters and equipment to the fires, but not soon enough for the fires to have been extinguished when they were small. That the massive scale of the fires could have been anticipated as a result of climate change lays even more culpability on the Commission both in regard to its emphasis on prevention and its unwillingness to propose a federal firefighting force of personnel and equipment under the direct authority of the Commission.

In the early U.S., the Articles of Confederation, in force from 1781-1789, and prior to that, the military alliance, also relied on voluntary contributions by what were sovereign countries known generically as “states” because their permanent forms of government had not yet been decide. General Washington’s complaints to the Continental Congress for want of men and supplies merely frustrated the delegates from the countries whose respective governments had sole discretion on how much to supply to the cause of independence.

From its founding in 1993, the E.U.’s states have shared governmental sovereignty with the federal governmental institutions, including the European Parliament, whose elected representatives represent E.U. citizens rather than the states, and the Commission. Even in the European Council and the Council of Ministers, qualified-majority voting on a significant number of federal enumerated powers, or competencies, represents a transfer of some sovereignty from the states to the Union. The E.U.’s supreme court, the European Court of Justice, also limits state sovereignty, and thus even the authority of the highest state courts. Accordingly, the Commission’s role should go beyond coordinating voluntary contributions from states.

To be sure, it could be argued that it took the U.S. more than a century to treaty a federal income tax, and for the U.S. federal military to outgrow the preponderance of the state armies (the Guards). Even as of 2026, the federal president was obliged to return the state armies to their respective commanders-in-chiefs—the governors of the still semi-sovereign states. Regarding forest fires, it was not until 1849 that the U.S. Department of the Interior was created, and not until 1916 that the U.S. Park Service was established and began fighting forest fires, and not until 2026 that the federal Interior Department launched the U.S. Wildland Fire Service to consolidate what had been decentralized efforts.

In 2026, the predicted impact of a hotter climate on forest fires was obvious in the E.U., even though astonishingly some politicians were still peddling climate-change denial. Referring to “lots of new parliamentarians in the European Parliament” and state-level politicians who were being “being very vocal against climate science and climate action,” Teresa Ribera, the E.U. Commission Vice President, warned at the end of July, 2026 that those politicians were “lying to people” and putting lives at risk.[3] It’s like telling people that they can drink as much whiskey as they want and then drive a car, she added. Perhaps that goes a bit too far, but her point that denying natural science is stupid and even destructive is valid, given all the data and the actual fires that year. She could have added that ideology trumping knowledge is itself dangerous. Volunteering at a San Francisco film festival in California during the summer of 2026, I was stunned when two young lesbian women walking out of the film on my first shift chastised me with, “it doesn’t work that way,” because I had just remarked that the sex scene in the film was homosexual; the label fits because both women in the scene have vaginas. Obviously, the mental state of one or both of those characters does not render the physical act in the scene heterosexual, but this fact didn’t stop the young lesbians from decrying my statement as “inappropriate” from the standpoint their ideology. An elected representative saying, “I don’t believe in climate change,” is just as culpable from the standpoint of knowledge.[4]

Suffice it to say that for several reasons, the E.U. could not patiently wait out a century or more to federalize a fire-fighting capability beyond merely coordinating voluntary contributions from states and other European countries. The expedited basis with which to shift from a state-centric power standpoint to a more balanced federal system does have the advantage of being able to learn from another political union with the same (dual-sovereignty) genus of federalism and thus avoid that union’s over-consolidating federal legislation during the twentieth century. In other words, the Commission could be given more authority with which to directly send personnel and equipment to fires without fear that the E.U. would be on track toward a centralized federal state at the expense of the cultural and political interstate diversity that exists in any empire-scale federal union.

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1. Luca Bertuzzi, “Devastating Wildfires Expose Europe’s Fragile Response to a New Climate Reality,” Euronews.com, 28 July, 2026.
2. Ibid.
3. Marta Pacheco, “E.U.’s Competition Chief Ribera Slams Climate Deniers as Fires Rage: ‘They Are Lying,” Euronews.com, 30 July, 2026.

4. Seth Borenstein, “Human-Caused Climate Change Made Spanish, French Fires Much More Likely, Scientists Calculate,” APnews.com, July 30, 2026.

Should the E.U. Pay Prospective States to Reform?

Should the European Union pay prospective, or “candidate,” states to undergo legislative, rule-of-law reforms prior to accession even though becoming a state is not assured? In April, 2026, Marta Kos, the Commission’s commissioner for enlargement warned the E.U.’s parliament that the Commission might “suspect €1.5 billion in E.U. funding for Serbia due to rule-of-law concerns and contentious judicial reforms” that had been introduced in Serbia’s legislature in January.”[1] I contend that the legislative or constitutional proposals should have been sufficient to freeze the very question of Serbia’s accession, and that the Commission should not pay candidate states to undergo reforms in the first place.

Speaking to the elected representatives in the federal parliament, “Kos said she was particularly concerned about legal amendments that introduce major changes, creating a flawed form of autonomy for Serbia’s anti-corruption prosecution and weakening the independence of the judiciary.”[2] That those constituted major changes are were on the scale of amendments rather than mere statutes could have alerted President Von der Leyen as to whether Serbia was in any condition to become a state in a political union in which rule of law (i.e., an autonomous judiciary, and democratically-valid multi-party elections) is assumed rather than even subject to debate. In other words, rule-of-law, as enforced by a judiciary independent of whatever party happens to be in power in the legislative and executive branches of a government, is so fundamental in the E.U. that major changes even being proposed in a prospective state should be a huge red flag. Accordingly, the question goes beyond whether to suspend paying money to such a state to undergo reforms that should be done anyway.

That Serbia’s political culture, at least with respect to its government, was worsening appreciably is clear from Kos’s statement, “We are increasingly worried about what is happening in Serbia. From laws that undermine the independence of the judiciary to crackdowns on protesters and recurrent meddling in independent media.”[3] Such crackdowns and meddling go beyond rendering a judiciary subservient to a governing political group, and thus render Serbia unfit at least for the time being for joining the E.U. as a state. At the very least, in other words, Serbia should not be “eligible for E.U. funding to support its required internal reforms.”[4] If prospective states want to join the E.U., then they should be willing to pay for their reforms themselves. Why, in other words, should the E.U. feel obliged to pay? I contend that joining the E.U. is of such value to any outside state-level republic that the E.U. should not in principle pay for candidate states to get themselves into shape from a democratic standpoint.

Even on policy grounds, the accession of Serbia was risky for the E.U., given the military aggressiveness of Russia in Ukraine. That the E.U.’s parliament had “adopted a resolution criticizing Serbia’s failure to align with E.U. foreign policy” against Russia in 2025[5] should have been a wake-up call for the E.U., given Viktor Orbán’s intentional undermining of E.U. foreign policy with regard to Russia. Did the E.U. administration want another Hungary wielding its veto in the European Council and the Council of Ministers in favor of Russia even as that country was still invading one of its neighbors?

Therefore, Kos’s statement, “We will continue to support Serbia on its E.U. path,”[6] can and arguably should be subject to formidable critique. After all, the E.U. was not so weak at the time, even given its refusal to expunge the veto-power from states in the European Council, that the Commission should have been so desperate to take in even marginal states. The greatness of the E.U. depended more in making internal reforms at the federal level in line with the fact that the member-states were semi-sovereign, than in enlarging. Just because Orbán had just been voted out of office in Hungary does not mean that the intransigence of one state in the European Council and the Council of Ministers could not again hamstring federal foreign and military policy even in the face of the Russian bear invading one of its neighbors on President Putin’s utterly fallacious supposition that the old Russian empire should rise again.

1. Eleonora Vasques, “E.U. Considers Freezing Serbia’s €1.5 billion in E.U. Funds Amid Rule of Law Scrutiny,” Euronews.com, April 20, 2026.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

E.U. Statehood for Sovereign Countries

Even as the E.U. struggled to come up with foreign policies on Gaza, Ukraine, and Iran in March, 2026, the union must have been cogent enough then for the Icelandic government to set a date at the end of the summer to have a referendum on whether to seek statehood. The term for this is accession, not merger, for an empire-scale union such as the U.S. or E.U. contains semi-sovereign states rather than co-scale and co-equal “partners.” By implication, to liken a state in one such union to another entire union is to make a category mistake that can be thought of in historical terms as making the claim that a kingdom is equivalent to an empire (of kingdoms). Both the E.U. and U.S. are federations composed of early-modern scale kingdoms and republics.[1] This is not so in the cases of Mexico and Canada. In fact, the U.S. has an open invitation for Canada’s accession (rather than merger).[2] People who presume that it was arrogant for the U.S. founders to invite Canada to accede as a state forget that the U.S. was formed by sovereign countries that became semi-sovereign states.

As the E.U. expands, it too draws on sovereign countries to become states through the process of accession (rather than merger). The planned referendum in Iceland was not on a merger of two countries. Iceland had submitted to the European Commission, the E.U.’s executive branch, an application for accession in 2009, but then unilaterally halted the process in 2015 even though 11 of the 33 “chapters” had been completed. As a sovereign nation, Iceland could indeed unilaterally stop the process, and when the Icelandic government announced the date for the upcoming referendum, the Commission could at most welcome the announcement. In doing so, a spokesman for the Commission said, “Iceland is a close and valued partner of the E.U. . . . Our cooperation is already strong and wide-ranging and we look forward to continuing and further strengthening our close cooperation with the Icelandic authorities.”[3] The word partner connotes distance as in the sense that Iceland is a sovereign country rather than an E.U. state. The word is problematic, however, in that it implies an equivalency. Even just in Iceland having submitted an application, a lack of equivalency is inherent to the relationship. Moreover, accession itself lacks equivalency because Iceland could become a state in the E.U., and no state is an equal partner with the union in which the state is a part, for a part and a whole cannot be equivalent.

The same held in the case of the U.S., which was formed first as a military alliance and then as a confederation of sovereign countries, and only on March 4, 1789 as a modern (i.e., dual sovereignty) federation of semi-sovereign states and semi-sovereign federal governmental institutions. In other words, the Articles of Confederation, which was ratified in 1781, was for a union of sovereign countries. Therefore, just as the U.S. was formed in 1776 (and continuing under the Articles) by sovereign countries, so too was the E.U. formed by sovereign countries. In both cases, sovereign countries, such as Iceland in 2026, because semi-sovereign states and thus parts of political unions. Accession itself is a distinctly political process.

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1. See Skip Worden, British Colonies Forge an American Empire: A Basis for Trans-Atlantic Comparisons (Seattle: Amazon, 2017)
2. Because Canada has expanded West since the 18^th century, Canada would most likely accede as three or four U.S. states rather than just one.
3. Gregoire Lory, “Iceland Plans August Referendum on Resuming EU Membership Negotiations,” Euronews.com, 3 March, 2026.

The European Commission: An Aggregate of the States?

The European Union’s governmental institutions are not limited to the European Council and the Council of Ministers, both of which represent the state governments directly at the federal level. Nor, moreover, is the E.U. an aggregation of its states. In foreign affairs, for example, the E.U.’s foreign minister, Kaja Kallas, can speak and take decisions on the basis of consensus rather than the unanimous consent of state-level officials being required. Therefore, the Von der Leyen administration did not overreach in taking the “decision to send the Commissioner for the Mediterranean, Dubravka Suica, as an observer to the first former gathering of the United States President Donald Trump’s Board of Peace” on 19 February, 2026.[1] That Suica was merely an observer suggests that the objecting state officials were overreacting as well as misconstruing the E.U. as a confederation of sovereign states.

The Board of Peace originated at the very least in part to guide the real-estate redevelopment in Gaza. Accordingly, a spokesperson at the Commission explained the E.U.’s interest as follows: “Our participation is really to be seen in the context of our long-standing commitment to the implementation of the ceasefire in Gaza, as well as our commitment to take part in international efforts when it comes to the recovery and reconstruction of Gaza. We do believe that we need to be at the table, otherwise we will simply be a payer and not a player.”[2] E.U. was at the time “the biggest donor of humanitarian aid to the Palestinian people, with a total contribution of €1.65 billion to the territories” since Israel’s genocide began.[3] Also, as many as 14 of the E.U.’s 27 states sent their own representatives to the meeting. Therefore, objections by a handful of states to the E.U.’s observer can be relegated as overblown and unjustified, and likely fueled in actuality by ideological objections to the U.S. federal president. That most of the state representatives at the meeting were diplomats or civil servants whereas the E.U. observer was a “political representative” is a petty objection, and thus likely a political subterfuge overlaying anti-American or anti-Trump resentment or jealousy. That the same people who objected to the “political representative” would likely insist that the E.U. was not a political union also points to a hidden agenda.

Regarding the E.U.’s executive branch itself, the European Commission, a state official of France, Jean-Noel Barrot, erroneously claimed that the approval of the E.U.’s state governments was required for the Commission to speak out or act in foreign policy. Slovenia’s Tanja Fajon even insisted that unanimous approval was necessary.[4] Such a view essentially places the Commission as subordinate to the Council of Ministers and ignores any lawful influence that the European Parliament might have with the Commission. The stances of the two state officials treat the E.U. as if it were a confederation—a mere aggregation of fully-sovereign states—rather than a modern federation wherein governmental sovereignty is “dual” rather than unitary.

To be sure, the European Council and the Council of the E.U. play a role in the setting of the E.U.’s foreign policy, and in those councils the principle of unanimity applies, but those two councils are not the exclusive setters of such policy; any executive branch has some leeway, and sending an observer to a meeting is hardly a substantive foreign policy, especially given the E.U.’s direct involvement in Gaza. Sending an observer can hardly be interpreted as an overreach in need of a unanimous decision by the Council of Ministers.

That some state officials were so interested in subordinating the E.U.’s executive branch to the Councils, while leaving the European Parliament out completely as if E.U. citizens had not voted for distinctly federal lawmakers suggests that the state governments have too much power (given their sense of entitlement) at the federal level. Switching foreign policy to qualified-majority voting in the Councils would be more in line with the fact that the E.U.’s foreign minister can indeed speak and act on the basis of consensus and with a nod to the distinctive foreign interests of the European Union, which the Councils cannot protect because they represent the state governments, which have their own interests. In short, neither the Commission nor the E.U. itself is a mere aggregate of the policies and interests of the state governments. Retaining the principle of unanimity in the Councils invites that mistaken view and thus qualified-majority voting is more consistent with the E.U. overall. For neither the Commission nor the Parliament is subordinate to either or both of the Councils as if the E.U. were a confederation of sovereign states.

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1. Mared G. Jones, “France Says Commission Lacks ‘Mandate’ to Join Board of Peace Meeting as Brussels Remains Defiant,” Euronews.com, 19 February 2026.
2. Ibid.
3. Ibid.
4. Ibid.

The ECJ Castigates the Commission for Paying Off Hungary

In an opinion submitted to the European Court of Justice, which tends to follow the legal opinions the 11 Advocates General, Tamara Capeta recommended in February, 2026 to the Court that it “should annul the European Commission’s 2023 decision to disburse €10.2 billion” to the E.U. state of Hungary.[1] Capeta found that the state government had not sufficiently addressed “concerns over systemic corruption and rule of law violations” to qualify for the payment.[2] That the Commission released the payment nonetheless points to corruption at the federal level—in its executive branch in particular—and this charge against the Von der Leyen administration renders the charge against the Hungarian government rather ironic. Rule of law should apply (and be respected!) at both the federal and state levels for the E.U. to continue to be viable. This applies especially to the Commission, as it is tasked with enforcing E.U. laws, directives, and regulations as well as treaty obligations that the EU, including its state governments, have to other countries, whether they are federal unions (e.g., the U.S.) or independent states.  

The Commission’s decision to reverse itself on the payment “came just days before a crucial December 2023 EU summit, where Hungarian Prime Minister Viktor Orbán threatened to veto a €50 billion aid package for Ukraine and block the start of EU accession with Kyiv.”[3] At the European Council’s meeting, “Orbán left the room for a coffee break, allowing the other 26 E.U. [states] to approve the accession talks.”[4] At “an extraordinary” Council session in February 2024, “Hungary lifted its veto on the €50 billion Ukraine support package.”[5] Some representatives in the E.U.’s parliament “suspected the E.U. [had] struck a deal with Hungary, trading unfrozen funds for Orbán’s withdrawal of his veto” even though the Commission “denied any such agreement was made.”[6] Given Orbán’s twice reversal after his state government had just received the suddenly unfrozen funds from the Commission, its denial strains credulity at best, and more realistically actually confirms the charge of sordid dealings in the Commission at the expense of E.U. law.

It is harmful enough to the federal union when a state government violates E.U. law, especially with impunity; for a federal-level governmental institution to shirk federal law says in effect that the E.U. does not respect its own law (so why then should state officials respect it?). Presumably either the Commission and/or one or more of the states could have made a deal with Orbán that did not involve violating E.U. rule-of-law.

Moreover, occasioning the unlawful deal is the staying power of the principle of unanimity in the European Council and the Council of the EU. A minimum of nine states was at the time sufficient for the federal program of “enhanced cooperation” to be invoked, in which case blocs of states could move forward in being subject to a federal law or regulation even though one or more state would still be in opposition but not to be subject to the law. Of course, this program could not apply to votes on whether to annex another state to the Union, and to decisions on whether to spend E.U. funds on other countries, including Ukraine because on such matters, the E.U. itself must either act as one or not act. So a so-called “multiple-speed” E.U. is not a complete answer to the basic problem of applying the principle of unanimity to 27 (and potentially more!) states.

Rather than relying primarily on its state governments for defense and even foreign policy, the E.U. could look to the U.S., which has both a federal military and state armies (called militias). That the federal president can temporarily call upon such armies even if their respective state presidents refuse does not mean that those armies are federal. Such an arrangement, which the E.U. did not have at least as of 2026, is consistent with the underlying dual-sovereignty of both the federal and state governments (or, for the ideologically squeamish, governmental institutions). The augmented federal powers would need to be decided by qualified-majority voting in the Councils that represent the state governments at the federal level; otherwise, no such partial transfer of governmental sovereignty could take place. Being politically unwilling to “step up to the (baseball) plate and bat,” federal and state officials should not collude in deal-making in ways that violate federal laws, lest the Union itself head down a slope wherein federal law has no force. This is especially of value in a world in which military aggressors such as Russia and Israel were wantonly violating international law with impunity; E.U. and U.S. jurisprudence, which is not international, and the corresponding duties at both federal and state levels of government, is not as self-evidently strong as Europeans and Americans may have been assuming in as invasions and genocides elsewhere were going on with impunity internationally.

On a visit to Florida at the time, I was shocked at the extent of brazen refusals by police employees of at least two cities to enforce criminal law—some employees even denying the existence of whole statutes, and the subordinates’ respective managers refused to hold those employees accountable. I was so stunned by the sheer brazenness of the lies that I decided not to move to that U.S. state. The rule of law cannot be assumed as though it castigates sordid personal discretion automatically; rather, law depends on humans to enforce it with integrity. This is why the international “laws” that Putin and Netanyahu were able to violate with such violence for years may not even count as law, for the enforcement-mechanism was entirely lacking de jure et de facto. “Law” without this cannot be counted as law.

The obligation of government officials to recognize and enforce rather than deny the very existence statutory law should be a given. It follows that federal officials in the Commission should not have been permitted to ignore the relevant federal law when it became an obstacle to making political deals with Hungarian state officials. If getting those state officials on board with a political priority of the Commission was so important, then the Commission could alternatively have pressured the states to reduce or end outright the application of the principle of unanimity in the two federal councils that represent state officials directly at the federal level, at least with respect to foreign policy and defense and even on the matter of “enlargement” (i.e., annexing future states). If qualified-majority is too low, then perhaps 75% of the states could be used as a benchmark for such very important policy decisions. The QMV-unanimity distinction is a false dichotomy, given the daylight available between the two voting methods. If one state can hold an entire Union back, then something is wrong with that federal system, and violating federal law to get around that problem is at best a short-sighted, expedient solution. In other words, the E.U.’s federal system has been suffering, at least as of 2026, from a much more serious problem than (collusive) corruption in the Commission and the Hungarian government.

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1. Sandor Zsiros, “E.U. Court Challenges Controversial €10.2bn Payment to Hungary,” Euronews.com, February 12, 2026.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

A Big-State Governor Usurps the Role of the European Council's President

The governor of a large state, if speaking for the E.U., risks not only undercutting federal officials who can speak for the E.U., but also subtly orienting federal policy in the interest of that state rather than the entire union. It is important, therefore, that the president of the European Council be tasked with speaking publicly for the Council, rather than usurped.

On December 19, 2025, the president of the E.U. state of France stood at the European Council podium to announce, presumably speaking for the Council, “Either a robust and lasting peace is reached, with the required (security) guarantees, or we will need in the weeks ahead to find ways for Europeans to re-engage in a fulsome dialogue with Russia, and in complete transparency.”[1] Because Macron was not the chair, or president, of the European Council, it is impossible to know whether he is expressing his own opinion or that of the Council; his decision to make the announcement rather than defer to the Council’s president thus weakened the Council. President Putin of Russia had grounds to dismiss Macron’s statement direct talks between Europe will be needed if the American peace proposal falters. Simply put, Macron did not have standing to speak for Europe in terms of talks. Alternatively, he could have stated that his E.U. state would try to have direct talks with Putin, but the downside to that is that Putin could play the E.U. state governments against each other. Hence distinctively E.U. foreign policy would be worthwhile.

At the end of December, 2025, European Commission President Von der Leyen was on firmer ground in insisting that Ukraine’s accession to the European Union as a state was “a key component” of the security guarantees that Ukraine was then seeking as part of a deal with Russia. According to Von der Leyen, who unlike Macron can speak for the E.U., accession represents “a key security guarantee in its own right.”[2] Even though accession requires unanimity in the European Council, I contend that there is value in having a federal official speak for the E.U. on Ukraine becoming a state in the Union. For one thing, it provides a vision which the leaders in the state governments can either accept or reject. For another, Putin can count on Von der Leyen’s statement as coming from the E.U. itself, rather than just from a state government, whether pro or con on Ukraine entering the Union.

In short, the difference between Macron’s opportunism and Von der Leyen’s attempt to bolster Ukraine’s chances in becoming a state is significant. That the state governments hold so much power in the E.U.’s federal system renders making space for E.U. officials especially important, lest one or two big states essentially take over the Union in pursuit of their own geo-political interests. The E.U. has been vulnerable to this because it was, even in 2025, too bottom-heavy.

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1. Michel Rose, “Macron Says Europe Will Need to Engage with Putin If U.S. Peace Talks Fail,” Reuters.com, December 19, 2025.
2. Maria Tadeo, “Von der Leyen Signals Push for Ukraine’s E.U. Accession as Russia Derails Talks with Attack Claim,” Euronews.com, December 30, 2025.

Homelessness in the E.U.: Rectifying a Right

In late 2025, the E.U. Commission presented its first European Affordable Housing Plan. The E.U.’s involvement in “social housing,” which translates into federal funds being used to provide housing beyond homeless shelters for people who cannot afford to house themselves, implies that the programs of the states had been insufficient. The U.S. could take a lesson from the Commission’s plan, which is cleverly multi-pronged in tackling the societal problem. Both in the E.U. and U.S., both federal and state funds were needed even in 2025 when neither economy was in recession. It is better to increase the supply of affordable housing when times are good than when unemployment is soaring. This is an exception in the E.U. to the usual pattern wherein the E.U. increases its competencies, or enumerated powers, in periods of one crisis or another. Russia’s multi-year invasion of Ukraine, which borders the E.U., and the Union’s foreign and defense activity demonstrate how European integration has typically been enhanced by crisis rather than when times are good.

Homeless in both the E.U. and U.S. was a problem in 2024. In its “9^th Overview on Housing Exclusion” in 2024, Feantsa estimated a total of 1,287,000 people “rough sleeping, staying in night shelters, or temporary accommodation” in the European Union.[1] According to the U.S. Federal Reserve Bank, 771,400 people were homeless in January, 2024—an increase of 118,300 from 2023.[2] The total population of the E.U. at the end of 2024 was estimated at 450.4 million, and that of the U.S. was 341.8 million (whereas the respective states tended to cluster in the tens of millions). That works out to .0028% and .0023%, respectively. This may come as a surprise because in Europe, housing is more likely to be viewed as a right than in the United States.

Dan Jorgensen, the E.U. Commissioner for Energy and Housing (and the first such commissioner in E.U. history), said at the time of the Commission’s presentation of its proposal, “Housing is not just a commodity; it is a fundamental right. We must mobilise every euro and do everything in our power to make sure that in Europe everyone can afford a decent place to call home.”[3] In the U.S., the lax regulations on investor-speculators on houses, condos, and even apartment buildings evince a commodities-orientation to residential real-estate, whereas in the E.U. the homelessness problem may have more to do with insufficient supply rather than the salience of a political ideology favoring business or disfavoring the poor as deserving their plight.

I contend that permanent housing as a right is a better political ideology than is the business-commodity view of housing units both because being homeless takes such a terrible toll of the human psyche and because society should be obligated via the market or else the state to supply permanent housing because economic interdependence is endemic to a society as opposed to Hobbes’ state of nature, where life is short and brutish. Put another way, being in the state of nature in terms of housing while being in a society does not work because a society and a state of nature are mutually exclusive. 

It is inconsistent to insert, especially within city and even a town, even a slice of Hobbes' state of nature, whether in the form of sociopathic violent gangs for which law in south Chicago in Illinois is wholly disrespected, or homeless individuals in a town or city. Having the state of nature within a society is not like Yin being in Yang, and vice versa, in Chinese philosophy; rather, the state of nature inside a society contradicts the necessity that Kant argued is inherent to law, whether public or moral law. Furthermore, to tolerate homelessness within a society is like inserting a vice like vengeance into omnibenevolence—a point that Nietzsche makes in claiming that the Abrahamic deity is “dead” in the sense of having been discredited by being both vengeful and perfectly benevolent, which are incompatible with each other. Even though the effort to rid humans of vengeance is laudable, the cost in assigning the vice to God was surprisingly overlooked, and still is. Similarly, the utter incompatibility of homelessness and society is seldom recognized. 

By the end of 2025, it was well beyond time for the E.U.’s Commission to come up with a plan to rid the Union once and for all of the sordid plight of homelessness. Ridding Europeans of the constant, underlying existential angst that does not leave a mind that is subtly aware that homelessness could occur in the future can be expected to result in happier, more relaxed people and thus less interpersonal strife. It is indeed realistic that the E.U., together with the member-states, could together, as a shared competency, eliminate  the problem of homelessness in 2026 by relaxing state rules on whom can receive housing assistance (i.e., not just the very poor), using federal “European Social Housing” funds to get homeless people immediately into at least short-term housing (even hotels), and incentivizing the construction of more housing units to meet the demand, and even reducing housing prices and rents for everyone. The sordid commodity perspective in America would be exposed as severely flawed, as it reflects elected officials across that Union being in the campaign-financing pockets of private finance and business rather than looking out for, or protecting, all constituents from the horrible experience of being homeless. Just in virtue of being a human being—how we are hard-wired and how vulnerable the human brain or mind is to the incapacitating harm from severe, existential stress—something beyond short-term housing should be ensured unconditionally. How a human mind reacts to being homeless ought to justify the unconditional aspect, as those who do not work must wander around at all times and be subject to theft is a callous ideological belief.

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1. “What is Homelessness,” Feantsa, Feantsa.org (accessed 16 December 2025).
2. Lisa McKay and Kenneth Cowles, “Who Is Homeless in the United States? A 2025 Update,” The Federal Reserve Bank of Minneapolis, March 14, 2025.
3. Vincenzo Genovese, “EU to Revise State Aid Rules to Address bloc-wide Housing Crisis,” Euronews.com, 16 December 2025.

On the E.U.’s Mercosur Deal: State Obstructionism

After 25 years negotiating with Argentina, Brazil, Paraguay, and Uruguay, the E.U.’s Commission sought to secure passage of the massive trade-deal in the European Council and the Parliament by the end of 2025. Even though the vote is by qualified-majority voting rather than unanimity in both chambers, one state that was against the treaty sought to delay the vote in the Council, which represents states rather than E.U. citizens. The Commission rightly pushed back on the tactic because for one state in opposition to be able to put off a vote is tantamount to having a veto, which a mechanism only for E.U. competencies that are subject to unanimous approval in the Council.

Due to concerns of possible unfair competition voiced by farmers in the E.U. state of France, that state’s government was “demanding strong safeguards to suspend tariff reductions if imports disrupt EU markets, so called ‘reciprocity clauses’ that align Mercosur’s environmental and agricultural standards with EU standards, and tougher EU sanitary and phytosanitary controls.”[1] Without a veto, making a demand would be too strong, and even presumptuous. So too is the statement that was made by the office of the state’s prime minister’s office: “While a Mercosur summit is scheduled for 20 December, It is clear that . . . the conditions are not in place for any vote by the EU Council on authorizing the signing of the agreement.”[2] This sounds a lot like a statement that the vote could not take place.

The Commission’s deputy chief spokesperson, Olof Gill, cut down the state’s claim that conditions were not in place. In fact, Gill told reporters that in “the view of the Commission signing the deal now is a matter of crucial importance economically, diplomatically, and geopolitically, but also in terms of our credibility on the global stage.”[3] The Parliament was due to vote the next day on a safeguard amendment, with some representatives set to add an amendment on reciprocity. With half of the month of December ahead, the only condition relevant to there being a vote in the European Council was whether the Parliament would vote in favor of the treaty. Whether or not the safeguard and reciprocity amendments pass in the Parliament is a legitimate concern to whether the state of France votes for or against the treaty in the Council, but whether the amendments pass should not pertain to whether the Council holds a vote. In short, the government of France was overreaching even if only in its rhetoric.

The problem of too many E.U. exclusive and shared enumerated competencies, including changes to the E.U.’s basic law, being subject to unanimity in the Council and thus contingent on no state wielding its veto in that upper chamber was already hampering the E.U., especially in the areas of foreign and defense policy even as Russia was invading Ukraine; the E.U. didn’t need the Council to set a precedent of delaying or cancelling a vote just because a state in opposition objects even to there being a vote. Such a precedent is as if each state would have a veto on matters subject to qualified-majority voting rather than unanimity. Even use of language that connotes or implies that the state of France could unilaterally control the European Council is troubling, given the power that the state governments continued to have at the federal level through the European Council and the Council of Ministers. Put another way, the E.U. was already “state-heavy” in terms of obstruction at the federal level; the E.U. could least afford a state in opposition deciding whether conditions for a vote in either of the councils have been met. Moreover, focusing too much on individual pieces of legislation without keeping an eye out for any negative impact on the federal system itself from how the legislative process is being carried out is short-sighted.

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1. Peggy Corlin, “European Commission Turns Up Pressure on France over Mercosur,” Euronews.com, 15 December 2025.
2. Ibid.
3. Ibid.

The E.U.: A Political Union

As if having elected representatives and political parties in the European Parliament were not enough evidence that the E.U. has been a political union all along, the distinctly political role of the E.U. with regard to Ukraine amid the Russian invasion renders the E.U. political not merely institutionally in regard to representative democracy, which is a political rather than an economic system. Also, that the European Commission has exclusive competency on trade does not eclipse the union’s distinctly political activity. That the E.U. agreed to move forward informally with Ukraine’s accession request even though the state of Hungary was formally vetoing the accession demonstrates a political function or role of the European Union.

In December, 2025, the E.U. announced that it had “drawn up an action plan” for Ukraine to meet accession standards “despite official talks being blocked by Hungarian Prime Minister Viktor Orbán.”[1] To be sure, for one state to wield its veto at the federal level when all of the other states are opposed is arguably a case of an abuse of the informal consensus model; after all, it was not as though Ukraine’s accession would threaten the vital interests of the state of Hungary. That veto-power of the states in the European Council and the Council of Ministers on E.U. competencies (i.e., enumerated powers) is itself a misplaced harbinger of a confederal system of government, wherein the states retain all governmental sovereignty, rather than modern federalism, wherein competencies, or governmental sovereignty, are divided between federal and state governmental institutions. So the Commission was entirely justified in working informally to find a political means by which the government of Ukraine could get itself up to the anti-corruption, pro-democratic standards of the E.U. (even though Bulgaria’s government collapsed that December due to mass protests against corruption in that government/administration).

The E.U.’s ten-point plan for Ukraine to follow in order to be assessed at a later date, perhaps after Orbán’s upcoming election, is inherently political (rather than economic) because the Commission framed the accession as “essential” to providing Ukraine “with future security guarantees.”[2] The Union’s Enlargement Commissioner, Marta Kos, said at the time of the announcement that Ukraine’s accession is “the political arm of the European security guarantee for Ukraine” and would be “central to make any peace settlement sustainable.”[3] The E.U.’s executive branch was thus acting in a political capacity. Thus the E.U. is a political union even at its distinctly federal level (i.e., apart from any institutional involvement of the state governments at the federal level).

Put another way, because the E.U. executive branch used it 10-point plan to “bypass Hungary’s political veto on the official opening of accession negotiations,” the E.U. itself was carrying out a distinctly political function. It is difficult to argue that the E.U. was not a political union at the time, yet operated politically even apart from any formal involvement of the state governments at the federal level. Yet ideological denial was still strong enough for many E.U. citizens to deny not only that the E.U. is a political union, but that also that it has a federal system even though having states is sufficient for the E.U. to have a federal system. Underneath the antiquated state-veto lies the Euroskeptic and anti-American political ideologies that have been holding the E.U. back not only from being able to enlarge, but also to adequately aid Ukraine militarily through years of it being invaded by Russia.

1. Mared G. Jones, “EU and Ukraine Agree 10-Point Plan to Speed Up Kyiv’s Accession Bid Despite Hungary’s Veto,” 11 December, 2025.
2. Ibid.
3. Ibid. Italics added.

A Drone Wall for the E.U.: Russian Aggression Assuages Euroskeptic States

Speaking after his meeting with U.S. President Trump in Alaska during the summer of 2025, Russia’s President Putin said that if no agreement is reached with Ukraine, the force of arms would decide the matter. In other words, might makes right, or at least military incursion is a legitimate way to decide political disputes between countries. I would have hoped that such a primitive mentality would be antiquated in the twentieth century, but, alas, human nature evolves only at a glacial pace undetected within the lifespan of a human being. In September, 2025, the United Nations was under attack from within the General Assembly because of the continuance of the veto held by five countries in the Security Council; the U.S. had just vetoed a resolution for an immediate cession of Israeli destruction in Gaza. As a former deputy secretary of the UN had admitted to me during the fall of 2024, the veto itself renders the UN unreformable; a new international organization would have to be established sans vetoes for efficacy to be possible. Even so, absent a real enforcement mechanism, such as a military force, a resolution even of a vetoless organization would merely be parchment. The impotence of the UN is one reason why NATO, a defensive military transatlantic alliance, has been valuable in the face of military threats by Russia. Yet in September 2025, after Russian drones had flown into four E.U. states, E.U. President Von der Leyen felt the need to take the lead by again stressing her proposal for a drone wall along the E.U.’s eastern border; she was not deferring to any international alliance, much less to the United Nations. I submit that Von der Leyen’s initiative is yet another means by which the E.U. can be distinguished from international “blocs,” alliances, and organizations. Unlike the latter three, the E.U. has exclusive competencies and is thus semi-sovereign (and the same goes for the state governments).

The full essay is at "A Drone Wall for the E.U."

The E.U.’s Proposed Sanctions Against Israel: Excessive Reliance on the State Governments

To leverage the combined power, or united front, that is possible in Europe, the European Union was established in the waning years of the twentieth century. Roughly thirty years later, the power of the state governments at the federal level still compromised the leverage, especially in foreign affairs and defense. Even in sanctioning trading partners, even qualified majority voting in the Council of the E.U. can be said to have negatively impacted the ability of the E.U. Commission, the executive branch, to leverage the political muscle of the E.U. against other countries. State-level political agendas could essentially hold any possible leverage hostage. It may be worth thinking about why a qualified majority vote in the Council of the E.U., which represents the state governments, rather than in the E.U.’s parliament, which represents E.U. citizens, was necessary for trade sanctions to be applied to duty-free imports from Israel. That state-level political or economic interests could possibility trump applying economic leverage to stop Israel’s genocide and holocaust in Gaza, as well as Israel’s military attacks on other countries in the Middle East can be an indication that the state governments have too much power at the federal level. For if the E.U. is only an aggregation of states, without the whole being more than the sum of the parts, then the whole sans the aggregate cannot very well enact leverage on foreign actors abroad, even those whose behavior has been nothing short of atrocious.

On September 17, 2025, the European Commission released its proposal to sanction Israel “for its ongoing military assault in Gaza, as well as deepening occupation of the West Bank, which Brussels says breach the EU-Israel Association Agreement.”[1] Regarding that treaty, I contend that the E.U.’s state governments should not have any say on the consequences for Israel because the treaty is between the E.U. and Israel. As trade is an exclusive competency of the E.U., only federal institutions, which include the European Commission, the European Parliament, and the European Court of Justice, rightly have sufficient jurisdiction (i.e., competence) to terminate the Agreement due to the violation or sanction Israel economically (as the Agreement is economic in nature).

Moreover, developing the habit of distinguishing distinctly federal governmental (i.e., executive, legislative, and judicial) institutions from other E.U. bodies that represent the states would not be a bad idea for the European political elite, many of whom have been in fear of even using the term federal because of what that might provoke in Euroskeptic states such as Hungary. That fear, I submit, is likely overblown, and it subtly undercuts the E.U. itself, especially in it being a whole beyond a mere aggregation of states.

The E.U. Commission, subject to judicial review by the ECJ, determined that Israel had violated the Agreement. The decision to act against Israel was based on “’the rapidly deteriorating humanitarian situation in Gaza following the military intervention of Israel, the blockade of humanitarian aid, the intensifying of military operations,’ including the ongoing ground offensive, according to the European Commission.”[2] Such a credible finding against Israel does not justify state governments intervening through their access at the federal level through the European Council or the Council of the E.U. on suspicion that the E.U. president and her commissioners were acting out of prejudice against Israel. This in turn is clear from the fact that the proposed sanctions also apply to ten members of Hamas, in addition to two Israeli ministers, Security Minister Gvir and Finance Minister Smotrich “for their role inciting violence in the West Bank.”[3] The Agreement, of course, only holds for Israel, rather than Hamas, so that the proposed sanctions extend to Hamas demonstrates that the Commission was “bending over backwards” to be fair in such a one-sided war that it is not really a war, but, rather, a genocide and even a holocaust of cruelty wherein death is not deemed as “punishment” enough according to the utterly fallacious theory of collective justice. 

E.U. President Von der Leyen said the week before the announcement of the proposed sanctions, “The horrific events taking place in Gaza on a daily basis must stop. There needs to be an immediate ceasefire, unrestrained access for all humanitarian aid, and the release of all hostages held by Hamas.”[4] She continued, “We propose to suspend trade concessions with Israel, sanction extremist ministers and violent settlers, and put bilateral support to Israel on hold . . .”[5] I submit that it would be difficult for the justices at the ECJ to find bias in her rationale or remedy, or, moreover, with her legitimacy in taking such a decision for the E.U. as a united front even though some state governments were at odds with her decision. 

The whole is more than the sum of the parts, and yet only if one of the two largest states in opposition vote in favor of the sanctions would they pass. The E.U.’s foreign minister, Kaja Kallas, was pessimistic, noting at the time, “The political lines are very much in the place where they have been so far.”[6] But that is at the state level; things might have already changed in the European Parliament, whose representatives not only represent European voters, but also have the interests of the E.U. itself, including its treaties with other countries, in mind. 

That the bias woven into the federal-level fabric of the E.U. in favor of the state governments over E.U. citizens could inhibit the E.U. from taking even an economic stand against a genocidal government indicates that the state governments have too much power at the federal—and it is federal—level of the European Union, such that reform in the Union’s basic or constitutional law is warranted. If such is the case, care should be taken so too much power be taken away from the state governments such that they could not even defend their retained sovereignty from undue encroachment by the feds. Americans could afford to take a lesson on that, for a one-size-fits-all public policy becoming monopolistic at the expense of differences between states, whether American or European, does not bode well in any empire-scale union.  

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1. Shona Murray, “EU Moves to Sanction Israel over Gaza, West Bank Humanitarian Crisis,” Euronews.com, September 17, 2025.
2. Ibid.
3. Ibid.
4. Ibid.
5. Ibid.
6. Ibid.

A European Army: A More Perfect Union

At the Munich Security Conference in February, 2025, Ukraine’s President Zelenskyy bluntly asserted, “I really believe that the time has come that the armed forces of Europe must be created.”[1] He could have said in 2023 after Russia’s President Putin had sent tanks and bombs into Ukraine; instead, the inauguration of President Trump in the U.S. that was the trigger. “Let’s be honest,” Zelenskyy continued, “now we can’t rule out that America might say ‘no’ to Europe on issues that might threaten it.”[2] At the time, Trump was planning to meet with Putin to end the war without Britain and a number of E.U. states at the table. After all, they had failed to push Putin off Crimea in 2014, and even in 2025, they were not on the same page on how to defend Ukraine militarily. Amid the political fracturing in Europe, Ukraine’s president was urging that the E.U. itself have an army, rather than merely the 60,000 troops for which the union was dependent on the states. Even on being able to borrow on its own authority, the E.U. was hamstrung by the state governments that were more interested in retaining power than in benefitting from collective action. It is difficult to analyze Zelenskyy’s plea without including the anti-federalist, Euroskeptic ideology that was still eclipsing the E.U. from realizing a more perfect union.

 

The full essay is at "A European Army."

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1. Joshua Posaner, “Zelenskyy: ‘The Time Has Come’ for a European Army,” Politico, February 15, 2025.

2. Ibid.

Hungary’s Delusion of Sovereignty

On October 3, 2024, The European Commission, the E.U.’s executive branch, filed a legal complaint against the E.U. state of Hungary with the E.U.’s judicial branch—the high court of which being the European Court of Justice (ECJ). The Commission had won a case against the state and recently subtracted the amount of fine issued by the court from the federal money set to go to the state because the Hungarian government was refusing to recognize the verdict. Like Britain before it had seceded from the Union, Hungary was operating under the incorrect premise that it still enjoyed full sovereignty even though every state delegates some of its governmental sovereignty to the Union in becoming a state thereof. In the case of Hungary, the state law at issue in 2024 had in its very name the fundamental problem out of which the state’s disputes with the E.U. were emanating.

 In its written statement, the Commission describes Hungary’s “contentious act,” which “establishes the so-called Sovereignty Protection Office (SPO) to investigate people and organizations suspected of undermining the country’s ‘national sovereignty’ and ‘constitutional identity.’”[1] Assisted by the state’s secret police, the SPO could legally “collect information on individuals or groups that receive funding from abroad and are perceived to influence the democratic debate and electoral processes ‘in the interest of another state’ or ‘foreign organ,’ meaning a non-state actor.[2] Undue political influence from outside the E.U. state could presumably come from another state in the Union or from outside of it. Treating both the same involves making the dubious claim that for one state or people therein to buy political advertising or contribute to a political campaign in another state is anti-democratic.

Furthermore, that such interstate political influence somehow violates Hungary’s sovereignty ignores the fact that every state in the Union has given up some governmental sovereignty even just for qualified majority voting to be allowed at the federal level in the Parliament, the European Council, and the Council of the European Union. Only if every E.U. law, directive, and regulation required the unanimous consent of the state governments, which could legally ignore rulings by the ECJ would the Union be composed of sovereign states, such as the U.S. was under its initial Articles of Confederation from 1777 to 1789.

The claim of Hungary’s government that its sovereignty is violated by political influence from elsewhere in the Union can be answered by pointing out that the state is no longer in fact sovereign anyway because it is in a Union whose federal system rests on dual-sovereignty. Put another way, the states have consolidated politically to an extent for their common good, which includes being able to have more political weight in the world, so interstate political influence can be viewed as part of that intermingling that is actually a good thing for such a federal system. If states are too heterogenous (i.e., different), then achieving united action at the federal level is very difficult. The combined sovereignties that instantiate federal sovereignty is actually partly Hungary’s, so interstate influence does not necessarily violate Hungary’s sovereignty.

Back in February of 2024, the Commission cited “the principle of democracy, the right to private life, the protection of personal data, freedom of expression, information and association, and the presumption of innocence, among others,” as being violated by the state of Hungary presumably because they threaten the state government’s sovereignty.[3] More accurately, they may have been a threat to Viktor Orbán’s party remaining in power in Hungary. The principles of liberty and democracy that the Commission was arguing that the Hungarian government was violating can be viewed as competencies, or domains of authority, that both federal and state governmental institutions could legally act on. Put another way, the Commission was well within its rights to protect democracy at the state level. In the U.S., the executive branch had acted to protect democracy at the state level, as in enforcing civil rights with regard to the access of Black people to schools and voting. Alabama could hardly say that its sovereignty was being violated because the federal institutions had the authority to enforce democracy in the United States.

The very name of Hungary’s Sovereignty Protection Office is wrong, for the state had delegated some of its sovereignty when it joined the European Union. Just days after the Commission announced that it was taking the state of Hungary to court at the federal level (i.e., at the ECJ), the Hungarian trade minister voted no in a vote taken at the Council of the EU on whether the EU should put tarriffs on Chinese electric vehicles. Had the measure passed the Council, Hungary would have had to recognize the tarriffs as valid within the state. This alone means that Hungary had given up some governmental sovereignty when it acceded to the E.U. as a state.  As it happened, too many votes were abstentions, so there was no final vote either way. So the Commission used its exclusive authority, or competency, in commercial law and policy to enact the tarriffs.  So it is not just qualified majority voting in which the E.U.'s state governments were no longer fully sovereign states. That the E.U. has shared and exclusive competencies, or domains in which it can enact laws and regulations, means that the state governments no longer were fully sovereign. Hungary's "National Sovereignty Law" was thus not only contrary to a basic EU value (and norm), but also a misnomer that gives people the wrong idea concerning Hungary in the E.U. 

To pretend to be sovereign still, such as by ignoring a negative verdict by the ECJ, undermines the sovereignty that Hungary and the other states delegated to the Union, and thus in a way their own sovereignty too because the state governments play a significant role at the federal level not only in the European Council and the Council of the E.U., but also in nominating commissioners for the College in the Commission. In this respect, the state government of Hungary was compromising a part of its sovereignty—that which had been combined with parts of the respective sovereignties of the other states. By making interstate political influence illegal in Hungary, Orbán failed to recognize that the sovereignty at the federal-level has a legitimate interest in there being at least some interstate harmonization, and legally includes protection of the basic values of the Union, such as democracy and liberty. If as I suspect he believed that Hungary was still fully sovereign as a country, then it had no business being a state in the European Union. Britain seceded for this reason—David Cameron, as prime minister, had said that the E.U. was just one of the networks that the UK was in. Similarly, Orbán’s Sovereignty Protection Office explicitly belies or undermines Hungary’s claim to be a state in the Union of states. The Union would be better off without that internal contradiction.

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1. Jorge Liboreiro, “Brussels Takes Hungary to Court over Its Controversial ‘National Sovereignty’ Law,” Euronews.com, October 3, 2024.
2. Ibid.
3. Ibid.

The European Union Is Not a Trading Bloc

The European Union can be distinguished fundamentally from the previous European Economic Community in several ways, just as the Articles of Confederation can be distinguished on a fundamental level politically from the U.S. Constitution. Both Europe and America have made a qualitative jump, rather than merely as a matter of degree or further extent. In both cases, politically speaking, governmental sovereignty has been split between a union and state governments. Furthermore, in both cases, the domains of power being handled at the federal level have increased. In the case of the U.S., the coverage has expanded beyond Washington’s Continental Army. In the case of the E.U. even by 2024, the union’s coverage had come to extend well beyond a common market and trade policy to include non-economic domains of power, or competencies, too. In this regard, the E.U.'s federal level resembles a government.

After her reelection as President of the European Commission, the E.U.’s executive branch, in 2024, Ursula von der Leyen had some jobs to fill. Among them, each state was to designate one person to be a commissioner. It was up to the president to assign each person to an area, or domain, of power, which were hardly all economic in nature.

Among the dream jobs, besides Competition and Economic & Financial Affairs is Foreign and Security Policy, which is a traditional domain of a government. To be sure, the Competition Commissioner has considerable power “to block mergers, fine big companies, and ban state subsidies that distort markets—and, unlike most other E.U. commissioners, [the Competition Commissioner] doesn’t need to sign off decisions with governments or [the European Parliament].”[1] This represents a transfer of governmental sovereignty has taken effect from the state governments to that of the European Union (which also means that the E.U. had indeed a government of its own distinct from those of the states). Even though I suspect this is most true for economic portfolios, because a majority of E.U. competencies are subject to qualified majority voting instead of the principle of unanimity, the E.U.’s governmental sovereignty extends beyond the economic domain.

Among the rising stars of portfolios are two: Defense and Enlargement, rather than only Industry and Digital. That defense in particular was projected to be enhanced in Von der Leyen’s second administration supports the point that the E.U. was indeed thought of as a government, even if behind a veil of Euroskeptic (i.e., states’ rights) denial.

Among the golden oldie portfolios are climate, migration and justice, rather than just energy and trade. To be sure, on immigration there was still “a lack of real E.U. power.”[2] But “with concerns about media freedom and judicial independence” on the state level “on the rise,” the justice portfolio could “set a bold new direction in protecting the rule of law” within the union—power that can hardly be reduced to economics. Indeed, in enforcing justice within states rather than only at the federal level, the Justice Commissioner’s position itself supports the point that governmental sovereignty was in fact dual in the E.U. even in 2024.

That there were Commissioners of Agriculture and Budget also points to the E.U. being a government, as governments typically have their own budgets and have agriculture policies. Indeed, having territory, which the E.U. does indeed have, is a hallmark of being a government. The portfolios of Cohesion, Neighborhood, Home Affairs, Environment, Health, and Social Rights all contradict the supposition that the E.U. was economic in nature even as late as 2024. Social rights especially do not reduce to economics, but, rather, are fundamentally political in nature. Whether or not natural rights exist as John Locke argued, governments can institute and protect (as well as take away) social rights. The additional portfolios of Demography, Foresight, the Mediterranean, and “the E.U. way of life” all also go beyond the economic domain. So many portfolios at a high level in the Commission are not expressly or even mostly economic that it cannot be said that the E.U. was an economic organization at least by 2024 when Von der Leyen’s second term began with an emphasis on defense at the federal level, given Russia’s invasion of Ukraine.

Among the plethora of implications, the European Union cannot be characterized like the EEC was, as a single-issue organization; rather, in part because the federal competencies had grown broadly by 2024, we can speak of there being a federal government. There are of course other reasons why this is so in contradistinction to both the EEC and the American Articles of Confederation, both of which were solely international rather than a blend of national and international as evinced by the E.U. and U.S. Whereas in the U.S., that the U.S. Senate is founded on international principles has been commonly forgotten, most Europeans conveniently look over the fact that the European Parliament is founded on national rather than international principles.

Ideology is a great distorter, especially in politics and religion. To refer to the E.U. as an economic bloc is the epitome of intransigence in the face of political reality. That such a psychosis has been perpetuated by journalists in the service of ideologues, giving the brain sickness (recall Nietzsche’s use of the expression!) a patina of official legitimacy, is truly astonishing given the breadth of portfolios in the Commission alone.

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1. Gerardo Fortuna and Jack Schickler, “Demogra-what? A Definitive Guide to European Commission Portfolios,” Euronews, August 8, 2024.
2. Ibid.

Differentiating the European Council and Parliament: Meloni of Italy

At the federal level of the E.U., the European Council, like the Senate in the U.S., represents the states, whereas the European Parliament, like the U.S. House of Representatives, represents citizens—that’s right, E.U. citizens. The theory behind this difference is a modification of traditional federalism theory, wherein only the polities in a federation are represented at the federal level. In this traditional way of doing federalism, individuals, or citizens, belong only to the first level of political organization. Althusius’s Political Digest (1603) describes that theory, borrowing a lot from the example of the Holy Roman Empire. The advent of both polities and federal citizens being directly represented at a federal level was born out of compromise during the American Constitutional Convention in 1787. The E.U. replicated the structure, wherein the state governments and E.U. citizens (or legal residents) each have their own channel of access to affect federal law and policy on the federal level. For one of the two to cross over and eclipse the other in its own channel is suboptimal because both vantage points contribute to sound federal law in a way that enables them to protect their respective interests, which are not identical. It is thus not appropriate for a state government, including its governor or head of state, to direct members of Parliament how to vote on a given bill, whether their districts are within or outside of the state.

On July 18, 2024, Giorgia Meloni, the governor of the E.U. state of Italy, “ordered the 24 MEPs,” or members of Parliament of her state-level Fratelli d’Italia, or Brothers of Italy, group “to vote against the re-election of Ursula von der Leyen as president of the European Commission.”[1] I contend that those representatives were instead duty-bound to vote the interests of their respective voters rather than serve as an additional resource for the state government at the federal level, or else to vote along with the rest of the European Conservatives and Reformists Party in the Parliament, rather than as a state group representing the state’s government. This is admittedly a different perspective than that which both American and European media outlets have intentionally or unintentionally absorbed from the Euroskeptic ideology wherein the European Parliament is really even a legislative body and thus does not have its own parties (and interests).

From an American perspective, it would be like the governor of a state ordering representatives of the U.S. House of Representatives to vote a certain way, rather than in line with the wishes or interests of the constituents in the respective districts or the federal-level party recognized by the U.S. House.  The U.S. Senate is where the state governments are to exercise their authority at the federal level even though this line is more direct in the European Council because the heads of the state governments themselves sit in that chamber, rather than separately elected senators. Indeed, Meloni already had her chance to vote against Von der Leyen’s nomination in the European Council—Meloni abstained. For her to order members of Parliament to vote against the nominee essentially doubled Meloni’s, and thus her state government’s, role at the federal level. Not only is this excessive; it also eclipses the voice of the E.U. citizens in the districts of the MEPs who followed Meloni’s order. That is to say, the order upset the balance of inputs—that of the states and the E.U. citizens—feeding into the federal level.

Given the staying power of the principle of unanimity at the federal level as of 2024, the power of the state governments at the federal level was arguably too much anyway for the viability of the E.U.’s functioning at the federal level. Eclipsing the voice of the people by attempting to subordinate their directly elected representatives (even though by party) worsens the imbalance.

In his text, Federal Government, Kenneth Wheare describes a federal system as wheels within a wheel. All of those should be in balance for the system as a whole to function well. I disagree strongly with his claim that a balance of powers between the states and the federal institutions is not necessary. He claims that the state governments need only have one domain of authority that is autonomous of the federal government for the federal system to be viable, but such an imbalance would be tantamount to political consolidation rather than dual-sovereignty, wherein the states are not eclipsed by federal preemption and power. After nearly 250 years, the U.S. federal system was arguably much closer to consolidation than in that union’s first 50 years. After 30 years, the E.U. suffered from the opposite danger: too much state power, and thus a risk of dissolution. Although strong institutional safeguards to prevent eventual consolidation at the expense of viable federalism were advisable in the E.U., given the historical trajectory of the U.S. towards consolidation in an empire in which one size does not fit all, given the different cultures therein, too much of a role for the state governments at the federal level was itself a danger for the E.U. in 2024. The staying power of the principle of unanimity alone threatened to excessively encumber E.U. policy-making and law, and thus fuel Euroskeptic movements toward the dissolution of the union (which is neither a bloc nor an international organization). Furthermore, eclipsing the sacred relationship between the representatives in the Parliament and their respective constituencies, E.U. citizens, worsens the “democracy deficit.” Just as the U.S. House was originally intended as the democratic body at the federal level in the U.S., as U.S. senators were initially chosen by their respective state governments and the president by the Electoral College, the European Parliament can be seen as the sole repository of democracy in the European Union. A look at how the Commission’s president is nominated and elected without E.U. citizens voting on the question and the fact that the European Council represents the state governments rather than their respective peoples directly demonstrate the importance of the Parliament in terms of direct representative democracy at the federal level.

In short, the E.U. state governments should keep their paws off the European Parliament; the European Council and the Council of the E.U. is where state-level officials can affect federal policy and law at the federal level. If anything, the authority of the Parliament should have been strengthened in 2024 relative to the powers of the Commission and especially the European Council (and the Council of the E.U.). At the very least, all of the political groups in the Parliament should have been recognized at the federal level as political parties in themselves rather than as informal groups of state-level parties. In 2024, the drastic imbalance in the federal system in favor of the state governments, whose individual and collective interests are in theory and practice different than that of the E.U. both as a federal system and in terms of federal policy and law, was a major problem that did not need to be worsened by encroachments. From a federal perspective, the governor of the E.U. state of Italy was coloring outside the lines in seeking more influence at the federal level. Objecting to this does not suggest in the least that protections for the state governments against possible federal encroachment, as has happened in the U.S., should be disabled or torn down.

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1. Jorge Liboreiro, “Analysis: Giorgia Meloni’s Façade as a Pragmatic E.U. Leader Has Suddenly Crumbled,” Euronews, July 19, 2024.