EU and Mercosur vis a vis the Trade Agreement. Remarks from the institutional perspective

The member States of Mercosur are currently negotiating a Trade Agreement with the EU, as part of the process towards a comprehensive bi-regional Association Agreement. In 2016, the EU and Mercosur members exchanged offers, followed by a negotiation round. The next round will be held in October 2017; while awaiting for political developments, it is worth anticipating some challenges to come, especially from a legal perspective. Both actors have a multilayered system for decision-making, requiring the consensus of a multiplicity of governmental actors and thus enabling them to convey. Furthermore, current dialogues consider a broad range of issues, which were also covered by different EU’s agreements with other trading partners. These agreements received critiques from the civil society, which are worth to reflect upon, considering that the trade agreement is due to impact the general negotiation for the bi-regional Association Agreement. The paper develops this reflection from a twofold perspective: that of the institutional nature of EU and Mercosur and that of the democratic deficit in the overall negotiation process.

Federalism

Federalism refers to the constitutional and political structure of the United States of America, according to which political power is divided among multiple levels of government: the national level of government (also referred to as the “federal” or “general” government) and that of the states. It is a multilayered system of government that reserves some powers to component entities while also establishing an overarching level of government with a specified domain of authority. The structures of federalism are set forth in the Constitution of the United States, although some related ideas and practices predated the founding period and others have developed since. The balance between federal and state power has shifted throughout U.S. history, with assertions of broad national power meeting challenges from supporters of states’ rights and state sovereignty. Federalism is a fundamental value of the American political system, and it has been a controversial political and legal question since the founding period.