Friday, April 24, 2026

On Retaining the States’ Veto-Power in the European Council: Sovereignty vs. Democracy

Both the filibuster in the U.S. Senate and the veto in the European Council reflect the act that the respective states were sovereign and retain a portion of that governmental sovereignty that has not been delegated to the respective Unions. But whereas the American filibuster is compatible with a federal system based on dual-sovereignty (states and union), the European veto is not; rather, each state having a veto is at home in a confederation, which is characterized by the states retaining their sovereignty rather than having given up some in becoming a state. In April 2026 shortly after Viktor Orbán had lost his bid for re-election in the E.U. state of Hungary, the E.U.’s foreign minister argued publicly that the states’ veto in the European Council (and the Council of Ministers) runs contrary to the democratic principle of majority rule. The prerogative of retained and residual governmental sovereignty was essentially being pitted against a fundamental principle of democracy.


The full essay is at "On Retaining the States’ Veto-Power in the European Council."