Get the free The impact of the cohesion policies on the Form of Union

ISSN: 2036-5438 The impact of the cohesion policies on the Form of Union by Giuseppe Martini co* Perspectives on Federalism, Vol. 1, single issue, 2009 E- 15 Abstract From a moralistic point of view

Although the federal authorities have at their disposal the most recent EU legislation, there is no legal instrument to protect the territorial subnational entities from the effects of the reforms, such as the new powers and competences, the revision of the existing legislation and the new institutional framework and structure of the Union. Thus, the reforms have already led to a new legal form of federal association, without which the cohesion policy is not even in order. We use the term “Form of Federal Union”, which applies to a new constitutional situation to describe the current situation in the European Union. Keywords: cohesion policies, territorial subnational entities 1. The Structure of Sub-National Federalism The EU reform is very large and ambitious. The reforms of the EU are a consequence of a very slow process of decision-making. All these reforms have evolved over several years, taking much different approaches in different Member States and in the European Parliament. The EU reform is also rather new to the legal system. Thus, the European Court of Justice has not been properly able to apply EU law. Hence, even if, during the time the reforms have taken place since 2007, there are some fundamental legal changes, the legal system has not really been able to incorporate those changes to its own legal base. The result is that national and EU legislation and decision-making bodies are not really comparable. Nevertheless, to express the same problem in a broader aspect, we can say that the legal State of the Union is much more difficult than that of individual countries. This explains why the national political parties and the Member States have tried to find “quick fixes” in various areas, but have not been able to achieve much, as the “big reforms” of the EU are very complex. The German constitutional lawyers used the term Landesblindheit (legal blindness towards the territorial subnational entities) to express the situation in the EU law context. This led to a great discussion among European Union lawyers, in an attempt to express the European Union situation in moralistic terms. The term Landesblindheit was thus coined by the Germans as a form of legal blindness towards the territorial boundaries of EU Member States, because there is nothing that allows the constitutional lawyers to distinguish the territorial sub-national entities from each other. 2. The EU's Legal Development in a Territorial Sub-National Federal State According to the EU reform, the territorial sub-national entities in the union do not belong to Europe. At the same time, the territorial sub-national entities represent a very important element of the economy of Europe.

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