National Sovereignty in the European Union
National Sovereignty in the European Union

Author: Ondrej Hamuľák

Publisher: Springer

Published: 2016-09-08

Total Pages: 95

ISBN-13: 3319453513

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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?

Sovereignty and the Law
Sovereignty and the Law

Author: Richard Rawlings

Publisher: Oxford University Press (UK)

Published: 2013-11

Total Pages: 369

ISBN-13: 0199684065

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Grounded firmly in the disciplines of law, this collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. The collection as a whole illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

Understanding Conflicts of Sovereignty in the EU
Understanding Conflicts of Sovereignty in the EU

Author: Nathalie Brack

Publisher: Routledge

Published: 2021-05-10

Total Pages: 140

ISBN-13: 1000385124

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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.

The Sovereignty of Law
The Sovereignty of Law

Author: Francis G. Jacobs

Publisher: Cambridge University Press

Published: 2007-06-14

Total Pages: 190

ISBN-13: 9780521703857

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Author was formerly Advocate-General at the European Court of Justice in Luxembourg.

Shared Sovereignty and Denationalisation of Statehood in the European Union
Shared Sovereignty and Denationalisation of Statehood in the European Union

Author: Fabrizio Capogrosso

Publisher: GRIN Verlag

Published: 2009

Total Pages: 58

ISBN-13: 364026262X

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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 nec

Limitations of National Sovereignty through European Integration
Limitations of National Sovereignty through European Integration

Author: Rainer Arnold

Publisher: Springer

Published: 2016-02-25

Total Pages: 199

ISBN-13: 9401774714

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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).

Constitutional Sovereignty and Social Solidarity in Europe
Constitutional Sovereignty and Social Solidarity in Europe

Author: Jeffrey Ellsworth

Publisher: Bloomsbury Publishing

Published: 2015-05-21

Total Pages: 321

ISBN-13: 1474228399

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The essays in this book respond in different ways to questions regarding sovereignty, constitutionality and social solidarity in the European Union. A common theme in the book is a perception that the people and peoples of the European Union have drifted into a quagmire of political paralysis within which essential features of the paralysis – lack of constitutionality, lack of sovereignty and lack of social solidarity – feed off one another. Some of the essays put forward a more positive view. They associate the demise of sovereignty in Member States of the European Union with an emergence of new forms of democracy or new formations of political legitimacy in the complex structures of multi-level governance in the European Union. Between them, the essays provide the reader with a comprehensive study of the key issues of European politics and law today.

Sovereignty in Post-Sovereign Society
Sovereignty in Post-Sovereign Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-03-09

Total Pages: 284

ISBN-13: 1317052080

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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Questioning Sovereignty
Questioning Sovereignty

Author: Neil MacCormick

Publisher: Oxford University Press on Demand

Published: 2001

Total Pages: 210

ISBN-13: 9780199253302

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This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the judicial character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.