ABSTRACT

This chapter suggests that parting with the monistic mindset, which has allowed one to rediscover the organizational structure of the Union as an example of a lost meaning of federalism and conceiving on its basis of supra-described heterarchical constitutional model of structural principles. It is the absence of constitutional hierarchy in this model that is the best guarantee for the legal viability of European integration. The idea of Integration through Law was thus as a matter of policy relied upon to facilitate the institutionalization of supranational Community, and to safeguard and promote overall supranational vision of European integration. The hierarchical model of structural principles follows constitutional ideal of the American Federal State and consequently conceives of supremacy as an all-encompassing, absolute, unconditional, hierarchical and inherent facet of integration. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government.