L’originalità (e la complessità) del sistema giuridico dell’Unione europea tra modelli internazionali ed esperienze statali – Parte II

Further developing a contribution to the Master’s programme on “Teoria da Complexidade Estatal. Ciclo de Lições Internacionais. Organização política e estrutura de poderes” directed by Prof. Humberto Cunha at the University of Fortaleza (UNIFOR), this article seeks to illustrate how the originality and complexity — if not the essence — of the European Union (EU) system lie in the fact that it largely eludes the usual categories of public law and international organizations law. Indeed, from the examination of its legal order, its functioning, and its evolution, it emerges that in some respects this system has borrowed elements from various State and international models, while in others it has diverged from them, charting an autonomous and innovative path that has significantly contributed to the success of the European integration process. The analysis is also carried out from a comparative perspective, with reference to other international and national (in particular, confederal and federal systems) experiences.