One of the anticipated
benefits of the E.U.’s federal system that augmented the movement to form a
political union is that more power could be applied in international
negotiations by the Union than by any one, or five, of the state governments. For
this to work, state-level elected officials have to give federal officials
enough room to be able to negotiate without being manhandled and even
dominated. At the federal level, petty jealousies between officials of
particular institutions should not obscure the established practice worldwide
that the executive branch conducts negotiations internationally. So, in
inviting the E.U. to participate in peace-talks on the Russian invasion, Ukraine,
the United States and Russia were on solid ground diplomatically in calling “on
the EU to appoint a single representative.”[1]
That the Europeans not only blew off this “request” but also expanded the
number of European political entities participating in the negotiations can, I
submit, be legitimately answered more directly by Ukraine, the U.S., and Russia
by withdrawing their invitation and proceeding to negotiate as a triad.
On 13 November, 2026, the E.U.
rebuffed the request for “a single European envoy,” preferring instead to
approve an assortment of different political entities to represent the
E.U.—even going beyond the E.U. itself by including Britain and NATO.[2]
The prime minister (i.e., governor) of the E.U. state of Italy lamented the
preference for a “’disarray’ of voices in the peace process” as she spoke in
favor of a single European envoy.[3]
“Instead, EU leaders opted to expand the existing negotiating group, adding
Italy and Poland” because the latter state had complained about western states
making decisions on behalf of eastern states.[4]
That large western states, specifically France and Germany, had included
themselves in the talks must have triggered Poland’s defensiveness. This is one
reason why in a federal system, states generally leave international diplomacy
to federal officials. Put another way, the very fact that internecine
squabbling between states was occurring is good reason why the request for a
single E.U. envoy is reasonable.
The governor of the E.U. state
of France may have aspired to leading the negotiations on behalf of the E.U.,
even sidelining the E.U.’s foreign minister, Kaja Kallas. Whereas she had
standing to represent the Union because she was a federal official, no governor
of a state can legitimately speak for a Union because state officials are not
federal officials and the interests of a state are not those of the union of which
the state is a part. Not even the direct political involvement of states at the
federal level, through the European Council and the Council of Ministers in the
E.U., justifies a state’s governor or other state officials assuming a federal
role, especially if by sidelining officials who are federal.
Aside from the inclusion of
some E.U. states, the Europeans at the meeting tasked with selecting an
envoy seem to have had trouble drawing within the lines concerning the E.U.
itself. Euronews reported that the “European Council, European Commission and
NATO” would be represented.[5]
NATO and the E.U. are distinct, however; in fact, the two political genres into
which they can sorted are qualitatively different. The E.U. is a federal union
of semi-sovereign states—with the federal level having some sovereignty
too—whereas NATO is a military alliance (i.e., not even a federation). Furthermore,
within its genre—what Ken Wheare calls modern (i.e., dual sovereignty)
federalism—the E.U. has a federal government, complete with legislative,
executive, and judicial branches and their respective institutions. As per the
international norms of diplomacy, only the executive branch of a government—not
particular legislative chambers—can represent the entire government
internationally. Therefore, even listing “the European Council, European
Commission” as if the two were of commensurate legitimacy in the upcoming peace
negotiations abroad is misleading.
The federal official tasked
with chairing European Council sessions failed to distinguish between the
Council’s role in setting policy at the federal level and the Commission’s role
in representing the E.U. internationally, including in settling international
disputes. That official, Costa, said, “The president of the European Council
represents the European Council and represents the Union when it comes to the
common foreign and security policy at the level of head of state and head of
government.”[6]
But that the European Council’s purview included foreign and security policy
at the time does not imply or extend to active participation in
international negotiations, as the Council is not the Union’s federal executive
branch. Costa’s claim that the “president of the European Commission represents
the Commission, and the Commission represents externally the Union in community
issues”[7]
flies in the face of the long-standing norm in international affairs that
executive branches can represent more than just that branch and thus can
negotiate international agreements. For example, in giving her State of the
Union speeches, President Von der Leyen was not limited to discussion the
condition of the Commission itself; she could legitimately speak on behalf of
the Union. The same is true in the U.S., where the chief executive can legitimately
represent the Union rather than just the White House and federal regulatory
agencies. Costa’s emphasis on “the level of head of state and head of
government” in the Council means that his chief orientation is to the important
function of the state governments being able to protect their turf against
federal encroachment, and thus political consolidation at the expense of
federalism. In other words, his role is more limited than is that of the
head of the federal executive branch with respect to representing the Union in
international negotiations.
Von der Leyen also went too
far when she said, “We decide on who represents us, and that’s what we’ve done
today, and how we are being represented to 27 sovereign countries plus the E.U.
institutions.”[8]
Prying off the last part first, governments, rather than their specific
institutions, are represented in international negotiations. Furthermore, that
the 27 E.U. states were sovereign countries is just patently false. I’m
surprised that the highest federal official would error so obviously. Exclusive
competencies (i.e., enumerated powers) and even the authority that is federal
in shared competencies, and even the authority to pass directives, which states
implement, mean that the E.U. itself has some portion of the entire
governmental sovereignty that resides in the federal system of governance. Even
the voting mechanism of qualified-majority voting at the federal level means
that the states were no longer sovereign counties, for a state government would
be subject to a federal law or regulation passed by qualified majority vote
even though the state government opposed it in one of the Councils. For
example, Germany had to go along with the Commission’s use of its exclusive
competency on trade in applying tariffs on China even though Germany
fiercely opposed them.
Lest
differences in degree along the interval of an attribute of a political genre
be fallaciously concluded to mean that two genres actually exist, it should be observed
that just because the enumerated powers, or competencies, at the federal level of
the E.U. in 2026 were considerably more circumscribed than the powers of the U.S.’s
federal institutions does not mean that dual sovereignty only applies to the
U.S., and therefore that European states were still sovereign countries rather
than semi-sovereign states. A federal system has states. Coining the
obfuscating verbiage, member, as if the “member countries” were still
sovereign does not obscure the fact that republics in a federal Union are
states. Nor does the misappropriation of the word bloc as a label for the
E.U. mean that the E.U. is a temporary coalition of countries.
In conclusion, the fact that not only Russia, but also Ukraine and the U.S. called on the E.U. to select a single envoy, or negotiating representative for the Union, means that the request is credible and reasonable. Perhaps it could even be said that Ukraine, Russia and the U.S. were united in having lost patience with the petty jockeying within the E.U., especially in regard to state-level usurpations of a federal prerogative. With riots occurring in his state, Macron of France could not afford to lead, let alone participate in the E.U.’s international negotiations as if he were an E.U. official.