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Limitations of National Sovereignty through European Integration

  • Rainer Arnold

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 51)

About this book

Introduction

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).

Keywords

Albanian Constitutional Law Analyses the Jurisprudence Constitutional Court of Poland Constitutional Courts in Europe Constitutional Identity Constitutional Law in Europe Constitutionality of the Lisbon Treaty European Court of Justice European Integration Europeanization as a Model for Constitutional Transition Lisbon Treaty National Constitutional Law National Sovereignty Spanish Constitutional Court

Editors and affiliations

  • Rainer Arnold
    • 1
  1. 1.Juristische FakultätUniversität RegensburgRegensburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-017-7471-0
  • Copyright Information Springer Science+Business Media Dordrecht 2016
  • Publisher Name Springer, Dordrecht
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-017-7469-7
  • Online ISBN 978-94-017-7471-0
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site
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