It is this imbalance between rules and discretionary governance, far more than the oft-discussed lack of democratic representativeness, which is the most unusual feature of the European constitutional framework. This situation is not accidental: it arises from the reluctance of member states to confer what they see as excessive powers on a central government.
Yet what is sometimes forgotten is that, since a considerable portion of sovereignty has already been pooled at European level in various sectors (and for good reason), these arrangements create a paradox: with little discretionary power at European level and little at national level, the entire system appears inflexible. 12. A far-sighted view would be required to solve this paradox.