Mutation of the European Union and its primary law: the amendment of article 136 TFEU, and other treaties (treaties parasites) signed by EU states, including the treaty on stability, coordination and governance in the European Union

Abstract

This paper discusses the reform of Article 136 of the Treaty on the Functioning of the European Union, the Treaty establishing the European Stability Mechanism (ESM), the Framework Agreement on the European Financial Stability Facility (EFSF) and the Treaty on Stability, Coordination and Governance in Economic and Monetary Union and the aforementioned relations with the EU Treaties. The analysis of these relations it follows that although the ESM, the EFSF and the Treaty of Stability create organizations outside the European Union maintain very close relations with the EU institutions and their right to the point that they can be referred parasites Treaties and organizations of the European Union. The paper analyzes the causes of this new generation of treaties that holds inaugurate a new phase of European integration, which is far from the metaphor of a Europe of two speeds, and that can be represented as a system of concentric circles. The concentric circle or core includes all States of the Union and is governed by Union law. And from the other eccentric circle overlap, each governed by Union law and other treaties governed by euro-governmental nature or a combination of EU law and European intergovernmental treaties.