This volume assesses the implications of membership in the European Union for countries’ understanding of the concept of sovereignty, based on the perspective of the Czech Republic. The starting point of this work is acceptance of the Czech Republic’s membership in the European Union as a basic fact. The goal of the analysis presented here is to offer a theoretical approach to reconciling state sovereignty with the participation of the Czech Republic in the European integration project. To do so, the book pursues an in-depth analysis of the reactions of the Constitutional Court of the Czech Republic to the challenges associated with membership in the EU. Above all, it addresses the following two basic research questions:1. Is membership of the state in the European Union associated with a loss of sovereignty, a sharing of sovereignty, or does it have no real consequences for the scope or understanding of the concept of state sovereignty, such that the phenomenon remains a classical, static and defining element of the state?2. How does the Czech Constitutional Court deal with the specific characteristics of European Union law and what is its stance on the nature of the relationship between supranational and national law?
This book investigates the multifaceted conflicts of sovereignty in the recent crises in the European Union. Although the notion of sovereignty has been central in the contentious debates triggered by the recent crises in the European Union, it remains strikingly under-researched in political science. This book bridges this gap by providing both theoretical reflections and empirical analyses of today’s conflicts of sovereignty in the EU. More particularly, it investigates conflicts between four types of sovereignty. First, national sovereignty referring to the autonomy of the Westphalian Nation-State to rule on a territory delimited by borders; second, the supranational sovereignty acquired by the EU in a fragmentary fashion in a number of scattered internal and external policy fields; third, parliamentary sovereignty understood as the autonomy of parliaments (at the regional, national and European levels) to take part in the decision making process and control the executive in the name of the principles of election and representation; fourth, popular sovereignty whereby the body politic confers legitimacy to decision makers in a democratic system. Through an analysis of the various crises (rule of law, Brexit, migration, Eurozone crisis), the chapters look at how sovereignty is framed and contested by different types of actors, and how the strengthening or the weakening of certain types of sovereignty contribute to shape preferences regarding policies and governance structures in the multi-level EU. The chapters in this book were originally published as a special issue of the Journal of European Integration.
Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
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).
How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
This book shows how the EU’s dual sovereignty–legitimacy problem can be resolved through the political concept of European citizenship, which can serve both to define the scope of European sovereignty and to justify EU power beyond national democracy. It reconceptualizes the EU’s legitimacy problem and demonstrates how sources of legitimacy can be identified and give rise to European sovereignty. It argues that sovereignty should be based on the will of citizens acting through various political bodies within the EU—city halls, regional entities, national governments, and EU institutions—and develops a general theory, arguably applicable to any political order. The EU is an unprecedented political project that is in tension with traditional forms of state legitimation based on national democracy, as nationalists and populists throughout Europe often make clear. Against this backdrop, the book fully articulates the notion of European sovereignty and argues that the EU’s sources of legitimacy are based on European citizenship and national democracy. This book will be of key interest to scholars and students of EU politics, European integration, international institutions, and international relations.
Seminar paper from the year 2008 in the subject Politics - Topic: European Union, grade: 1,3, European University Viadrina Frankfurt (Oder), language: English, abstract: Although the process of globalisation is an old-dated phenomenon, which can be settled back to the first intercontinental commercial exchanges (cf. Streeck 2005), only recent events have modified the traditional relation among nation-states. The collapse of the Berlin wall and the downfall of the USSR, the growth of the Pacific Asian economies and the expansion of new communication systems have dissolved the conventional threefold partition of the globe in the idea of a “one world” structured on an axis organised in three principal regional blocks: North America, Western Europe, and Pacific Asia (cf. Taylor/ Flint 2000:4-5). Globalisation has altered all core tasks of the nation-state concerning territoriality, taxation and citizenship. The formulation of policies has shifted from the national context to a complex environment, which embraces the regional and international dimension. These circumstances have affected the representative role of the state as decisional system and have led to a situation, in which sovereignty is shared among multiple actors, who have to deal with new sources of legitimisation beyond the domestic environment (cf. Luhmann 1994:15-20). Thus, traditional foundations for the political order are destabilized due to the fact that “vertically organised national cultures and national economies are gradually being replaced by new horizontal and global networks” (van Ham 2001:37-8). From this angle, the European Union (hereafter also EU or Union) could be conceived as a regional answer to the process of globalisation, in which European integration is adapting European societies, economies and political organisations to a globalised competitive rule system (cf. van Ham 2001). Nevertheless, if the understanding of the EU as a regional variant to globalisation explains the necessity of European integration, it leaves ground for questions regarding the changes in the relationship between governance and government. Moreover, assumed that European integration, owing its intergovernmental bias, is chiefly managed by national executives (cf. Moravcsik 1993), a multi-level system of governance undermines the core functions of governments as principal linkage between the institutional level of decision-making and the society (cf. Poguntke 2000). In this dissertation I will evaluate, at the example of the European Union, the hypothesis that governance has eclipsed government. The intention is to analyse if the European decisional system has destabilized the role of national governments and eroded the classical link between national institutions and society. Furthermore, I will analyse to which degree these supposed changes are to be ascribed to the institutional configuration of the European Union.
This book deals with the question of national sovereignty and States' participation in International Organizations, whether traditional or supranational ones. Although there has been much discussion on the problems posed by the transference of sovereignty, this volume provides an original insight in that transfer of state sovereignty is approached as a dynamic process that can be divided into three different phases. Part one, called 'the initial phase', focuses on the examination of the domestic legal basis for the transfer of state sovereignty. Part two, 'the transfer phase', investigates how the process of transfer evolves within the core of two International Organizations: the United Nations and the European Communities. Part three, 'the post-transfer phase', analyses the States' responses to the effects and consequences of the transfer of sovereignty.
This book offers an in-depth examination of the strategic use of State sovereignty in contemporary European and international affairs and the consequences of this for authority relations in Europe and beyond. It suggests a new approach to the study of State sovereignty, proposing to understand the use of sovereignty as games where States are becoming more instrumental in their claims to sovereignty and skilled in adapting it to the challenges that they face
