The New Europe: a Federal State or a Confederation of States?

Abstract In its search for new forms of federal arrangements appropriate to its contemporary situation, Europe is again at the cutting edge in developing new political arrangements for the postmodern epoch. With the collapse of Westphalian statism, those new arrangements are perforce federal, but not in the manner of modern federations. Instead they are postmodern confederations and various kinds of confederal arrangements. The European Union is rapidly becoming the model post‐modern confederation, while other arrangements linking the states of contemporary Europe represent other forms of confederal arrangements. All fit into the spirit and form of globalization and are helping to provide economic globalization with a political and constitutional anchor. Several questions remain, however. How can the European Union become or remain federal rather than hierarchical in orientation, given the pulls of traditional European statism? How will the new confederalism accommodate the various arenas in existing European national state federations?