Abstract (eng)
This study deals with the definition of the European Union as a system sui generis. The term sui generis is often used to define the EU as a system which has no predecessor in theoretical and practical terms. Especially in the field of political science this definition is used widespread, but lacks a clear specification. The determination of the EU as a system sui generis was originally developed to describe the unique pillar structure. Since this construction was dissolved by the coming into force of the Lisbon Treaty, the already unclear but mostly undoubted definition amongst political scientists became questionable. The need to revise this definition is an urgent matter, as it is no longer capable to describe the functions, institutions and proceedings of the Union in a proper and correct way. Even though the sui generis-definition has lost its legitimacy, it is still in use amongst the political scientific community.
Therefore this study attempts to find a more adequate and suitable definition, especially through the use of comparative analyses. When it comes to the EU as a scientific field the use of comparative analyses instruments is definitely widespread, but unfortunately mostly used to describe internal mechanisms and actions. Comparative research to deal with the differences of political systems as whole is missing, not least due to the sui generis-definition itself. In this study the focus on federal theoretical ideas allows to oppose the former definition by presenting a set of political, ideological and institutional similarities. Accordingly, I chose to compare the federal principals of the EU with the ones of the USA, since some similar political and ideological tendencies were already obvious but needed further and deeper research.
The empirical part of this study uses the instrument of qualitative content analysis method by Mayring to examine and compare selected articles from the Treaty of Lisbon and the US-Constitution. Additionally the method of Juridicial Hermeneutics was used, as it presents a very capable method to study legal acts and figure out the normative subtext which plays a big part in those kinds of contracts, but is normally difficult to identify with other research instruments.
With the help of the presented theoretical ideas and the use of comparative empirical research methods, this study tries to present a different definition and a more adequate insight into the political conception of the European Union than the already existing sui generis-model does.