A new system of government? Defining the confidence relationship of the EU model

Abstract

This paper attempts to define the EU system of government through an innovative approach that, taking into account both the legal framework and the political practice, focuses on the confidence relationship between the executive and legislative branches. This approach simplifies the comparative study of regime types, capturing the main distinctive features of systems that are neither presidential, nor parliamentary. The paper shows that the EU model does not belong to any of the traditional regime types; indeed, it represents a distinct system of government, characterized by a peculiar confidence scheme. Although the legal framework of the EU Treaties presents some elements of parliamentarism, the nature of the interinstitutional relations in the EU is not parliamentary; in particular, the role played by the European Council in the formation process of the Commission is not merely formal, and involves a much more complex confidence relationship.

Anayasal Bir Tasarım Olarak AB Yarı Başkanlık Hükümet Sistemi

“…83 But also pursuant to motion of censure fixing the term of office of the new Commission to the remainder of the term of office of the replaced Commission and so tying one term life of the Commission to the parliamentary elections makes the life of Commission linked to the parliamentary elections and that institution to some extent a permanent "emanation" of the European Parliament. 84 Finally, let alone lack of control of the Council in the cases where it performs executive functions, on the one hand, non-sufficiently efficient scrutiny of the Commission because of shortcomings, such as lack of censure individually against the each Commissioner and the qualified majority requirement for the motion of censure against the Commission, on the other hand, missing right of the Commission to dissolve the European Parliament and the non-ability of the European Parliament to ini tiate legislation inevitably distance the Commission from being the parliamentary government. 85 Even though the EU governmental system is described as semi-parliamentary system, even in the sense of mirroring semi-presidentialism 86 the lack of legislative initiative authority of the European Parliament alone in itself would preclude description of the EU governmental system with parliamentary characteristics, let alone the role of the European Council in the appointment of the Commission, the institutionally separate nature of the Commission, as the government, from the European Parliament which does not have the central position with the quality of subordinating the executive.…”

A new political system model: Semi‐parliamentary government

“…The EU is an example (cf. Praino ). As long as a common European currency exists, there is an urgent need to legitimise – and give voters a choice about – the European regime of economic governance.…”

Classifying forms of government on a global scale

“…Finally, Praino (2017) suggests a new form by shifting the scale from states to unions. As an illustration, in the European Union, while the formation of the Commission (executive branch) depends on both the European Council and the European Parliament, its survival is subject to the latter.…”

“…When reviewing scholarly literature, it should be noted that no agreement can be seen among scholars on the variations of the term "form of government." The widely used terms are as follows: form (Cheibub, 2007;Duverger, 1980;Ganghof, 2014;Praino, 2017), system (Cheibub, 2007;Duverger, 1980;Laski, 1944;Price, 1943;Shugart and Carey, 1992), regime (Elgie, 1999), type of regime (Duverger, 1980;Elgie, 1999Elgie, , 2018, type (Shugart and Carey, 1992), regime type (Elgie, 1998), and theory (Verney, 1959). Duhamel's approach (in Bahro et al, 1998) is quite notable.…”