The Core Problem of EU Constitutional Structure

Despite all theoretical and institutional efforts, the core of EU constitutionalism today is more than it has been since the time before Maastricht intergovernmentalism. The problem with this are manifold. There are immanent general deficits of a system that claims to be supra-national, yet operates often like an enhanced international organization. There are also specific practical problems like the lack of trust between the member states, and the instability of member state coalitions. One core implication of this is that the EU today is the most advanced governmental unit in the world without a government. The mismatch between the many competences “the EU” has and the lack of institutional unity the EU represents is the core problem of its constitutional structure.