Limitations Of National Sovereignty Through European Integration (ius Gentium: Comparative Perspectives On Law And Justice)
by Rainer Arnold /
2016 / English / PDF
2.4 MB Download
The book considers the changes which national sovereignty has
undergone through the supranational European integration. In
various contributions by renowned academics and high judges
demonstrate the serious impacts of supranationality on the EU
member states and even on third countries which are connected with
the EU by international treaties. It becomes clear that primacy of
EU law, the most significant expression of supra-nationality,
collides with national sovereignty as anchored in the national
constitutions. The studies clearly show that most member states do
not fully deny EU law primacy but are aware of the need to find an
adequate balance between the supranational and the national orders.
The result from the analyses of the authors from various European
countries is that the upcoming constitutional paradigm is
“constitutional identity”, a concept established by jurisprudence
in Germany, France, Czech Republic (without being named so) and
debated also in Poland which, herself, denies supranational impact
on the national Constitution entirely.
The book considers the changes which national sovereignty has
undergone through the supranational European integration. In
various contributions by renowned academics and high judges
demonstrate the serious impacts of supranationality on the EU
member states and even on third countries which are connected with
the EU by international treaties. It becomes clear that primacy of
EU law, the most significant expression of supra-nationality,
collides with national sovereignty as anchored in the national
constitutions. The studies clearly show that most member states do
not fully deny EU law primacy but are aware of the need to find an
adequate balance between the supranational and the national orders.
The result from the analyses of the authors from various European
countries is that the upcoming constitutional paradigm is
“constitutional identity”, a concept established by jurisprudence
in Germany, France, Czech Republic (without being named so) and
debated also in Poland which, herself, denies supranational impact
on the national Constitution entirely.
Studies on selected EU member states clarify the specific national
approaches towards the limitations of their sovereignty as
developed by the constitutional jurisprudence (Poland, Czech
Republic, Hungary, Romania, Italy, Germany with comparative
references to United Kingdom and France). It is illuminated that
traditionally strong sovereignty concepts (UK, France) are
considerably relativized and functionally opened towards the
integration challenges. Basic issues are furthermore reflected,
such as the supranational impact on the State’s power to reform its
Constitution, the relation of national and constitutional identity
and the national and supranational perspectives of identity. The
book also includes Europe beyond the EU by research on the
supranational character of association treaties (from a Ukrainian
perspective) and on the Europeanization of a third country
preparing EU membership (Albania).
Studies on selected EU member states clarify the specific national
approaches towards the limitations of their sovereignty as
developed by the constitutional jurisprudence (Poland, Czech
Republic, Hungary, Romania, Italy, Germany with comparative
references to United Kingdom and France). It is illuminated that
traditionally strong sovereignty concepts (UK, France) are
considerably relativized and functionally opened towards the
integration challenges. Basic issues are furthermore reflected,
such as the supranational impact on the State’s power to reform its
Constitution, the relation of national and constitutional identity
and the national and supranational perspectives of identity. The
book also includes Europe beyond the EU by research on the
supranational character of association treaties (from a Ukrainian
perspective) and on the Europeanization of a third country
preparing EU membership (Albania).