Two-and-a-half Ways of Thinking about the European Union

This article argues that the sui generis theory is a ‘negative’ and ‘unhistorical’ theory. It lacks explanatory value for it is based on a conceptual tautology (Hay, 1966, 37): the European Union is… . what it is; and it is not.… what it is not! Second, the sui generis theory moreover only views the Union in negative terms – it is neither international organisation nor Federal State – and thus indirectly perpetuates the conceptual foundations of the Westphalian tradition. Is there a better way of thinking about the European Union? This article argues that ‘federal’ thinking provides a rich key to unlocking the nature of the European Union.