Who *is* the ultimate arbiter then?
Is the ultimate arbiter “the EU”? Or is it national governments?
If it is “the EU”, is it the Commission or is it MEPs? VdLeyen is fronting all these statements - does she indeed have the power to choose? She has negotiated a deal with the US President, who is a Head of State. Is she a Head of State?
For example, even if you believe that the European Parliament rules the Commission, if the MEPs voted to have a “Freedom of Information” across European borders, and Scholz government decided that “German information is for Germans”….who wins? These are different people, with different electorates. Who decides the limits of “Subsidiaritätsprinzip”? Read the treaty for yourself, and see whether the constitutional lines are aligned with what is now being decided by the Commission.
These are very basic questions. Everyone should be able to answer them.