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14 Touro Int'l L. Rev. 1 (2010-2011)

handle is hein.journals/touint14 and id is 1 raw text is: TOURO INTERNATIONAL LAW REVIEW Is the Unitary Executive Theory Spreading to the European Union? A Comparative Look at the Lisbon Treaty John J. Garman* The United States and the member-states of the European Union have decidedly different approaches when it comes to the allocation of executive power. The United States has placed, ever increasingly in the last eight years with the presidency of George W. Bush, more executive power in a sole individual, the President himself. In contrast, the European Union has traditionally refused to place the same level of authority in a sole individual, but in Committees and Commissions comprised of elected individuals or persons chosen by the member-states. The Lisbon Treaty, however, may be a first step down the road of a much stronger European Union unitary executive. This paper analyzes the different treatment of the executive in the two systems. Part I analyzes the evolution of power in the chief executive of the United States, in particular the rise of the unitary executive theory, while Part II lays out the political institutions at work in the European Union and its increasing acceptance of a stronger executive through the Lisbon Treaty. I. The United States and its Unitary Executive In recent years, the role of the President and the executive branch has expanded, making it potentially unrecognizable to the Framers of the Constitution. To some, this expansion places too much power in one person and is contrary to the Constitution's separation of powers. To others, known as unitary executive theorists, this expansion is a fulfillment of the proper * Professor of Law, Faulkner University, Thomas Goode Jones School of Law. LL.M. in European Business Law (with distinction) Universit6 de Droit, d'Economie et des Sciences d'Aix-Marseille (Aix-Marseille III). J.D. Vanderbilt University School of Law. Volume 14, No. 120 10 1

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