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Limitations of National Sovereignty through European Integration

  • Book
  • © 2016

Overview

Editors:
  1. Rainer Arnold

    1. Juristische Fakultät, Universität Regensburg, Regensburg, Germany

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  • Focuses on the limitations of national sovereignty through supranational integration - a major research issue in European constitutional law
  • Provides a comprehensive, comparative pan European analysis
  • Contributions from leading European academics and practitioners

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

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-ix
    Download chapter PDF

  2. Limitation of Sovereignty by European Integration: The German Experience in a Comparative View

    • Rainer Arnold
    Pages 1-13

  3. European Integration and Limitation of the Power of Constitutional Reform

    • Francisco Balaguer Callejón
    Pages 15-25

  4. National and Constitutional Identity as a Legal and Political Instrument

    • Luca Mezzetti
    Pages 27-49

  5. National Identity and Market Freedoms After the Treaty of Lisbon

    • Sinisa Rodin
    Pages 51-85

  6. The European Union in the Constitutional Framework of Member States: The Italian Case

    • Diana-Urania Galetta
    Pages 87-97

  7. Limitation of Sovereignty by the European Integration – The Polish Approach

    • Bogusław Banaszak
    Pages 99-108

  8. The Transfer of Sovereignty in the Case Law of the Hungarian Constitutional Court

    • Péter Kovács
    Pages 109-124

  9. An ‘Entirely-Specific’ Situation or a Routine Limitation of the National Autonomy? Slovak pensions XVII of the Czech Constitutional Court

    • Jiří Zemánek
    Pages 125-139

  10. The Infra-Constitutionality of European Law in Romania and the Challenges of the Romanian Constitutional Culture

    • Manuel Guţan
    Pages 141-163

  11. The Europeanization of Albanian Constitutional Law

    • Arta Vorpsi
    Pages 165-181

  12. The Supranational Character of the European Union Associations with Third Countries

    • Viktor Muraviov
    Pages 183-197
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Keywords

About this book

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).

Editors and Affiliations

  • Juristische Fakultät, Universität Regensburg, Regensburg, Germany

    Rainer Arnold

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