Limitations of National Sovereignty through European Integration

Limitations of National Sovereignty through European Integration
Author: Rainer Arnold
Publisher: Springer
Total Pages: 199
Release: 2016-02-25
Genre: Law
ISBN: 9401774714

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).

A Republican Europe of States

A Republican Europe of States
Author: Richard Bellamy
Publisher: Cambridge University Press
Total Pages: 265
Release: 2019-01-31
Genre: Law
ISBN: 1107022282

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.

European Integration and Political Conflict

European Integration and Political Conflict
Author: Gary Marks
Publisher: Cambridge University Press
Total Pages: 298
Release: 2004-02-12
Genre: History
ISBN: 9780521535052

In this 2004 volume, a formidable group of scholars investigate patterns of conflict that are arising in the European Union.

Divided Nations and European Integration

Divided Nations and European Integration
Author: Tristan James Mabry
Publisher: University of Pennsylvania Press
Total Pages: 417
Release: 2013-06-27
Genre: Political Science
ISBN: 0812244974

For ethnic minorities in Europe separated by state borders—such as Basques in France and Spain or Hungarians who reside in Slovakia and Romania—the European Union has offered the hope of reconnection or at least of rendering the divisions less obstructive. Conationals on different sides of European borders may look forward to increased political engagement, including new norms to support the sharing of sovereignty, enhanced international cooperation, more porous borders, and invigorated protections for minority rights. Under the pan-European umbrella, it has been claimed that those belonging to divided nations would no longer have to depend solely on the goodwill of the governments of their states to have their collective rights respected. Yet for many divided nations, the promise of the European Union and other pan-European institutions remains unfulfilled. Divided Nations and European Integration examines the impact of the expansion of European institutions and the ways the EU acts as a confederal association of member states, rather than a fully multinational federation of peoples. A wide range of detailed case studies consider national communities long within the borders of the European Union, such as the Irish and Basques; communities that have more recently joined, such as the Croats and Hungarians; and communities that are not yet members but are on its borders or in its "near abroad," such as the Albanians, Serbs, and Kurds. This authoritative volume provides cautionary but valuable insights to students of European institutions, nations and nationalism, regional integration, conflict resolution, and minority rights. Contributors: Tozun Bahcheli, Zoe Bray, Alexandra Channer, Zsuzsa Csergő, Marsaili Fraser, James M. Goldgeier, Michael Keating, Tristan James Mabry, John McGarry, Margaret Moore, Sid Noel, Brendan O'Leary, David Romano, Etain Tannam, Stefan Wolff.

Divided Sovereignty

Divided Sovereignty
Author: Carmen E. Pavel
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2015
Genre: Law
ISBN: 0199376344

An exploration of new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities.

Opting Out of the European Union

Opting Out of the European Union
Author: Rebecca Adler-Nissen
Publisher: Cambridge University Press
Total Pages: 267
Release: 2014-08-14
Genre: Law
ISBN: 1107043212

This book provides the first in-depth account of how European Union opt-outs and differentiated integration work in practice.

Beyond the Regulatory Polity?

Beyond the Regulatory Polity?
Author: Philipp Genschel
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2014
Genre: Political Science
ISBN: 0199662827

This volume explores the involvement of the European Union in the exercise of core state powers such as foreign and defense policy, public finance, public administration, and the maintenance of law and order.

National Constitutional Identity and European Integration

National Constitutional Identity and European Integration
Author: Alejandro Saiz Arnaiz (jurist)
Publisher:
Total Pages: 0
Release: 2013
Genre: Constitutional law
ISBN: 9781780681603

Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)

The Crisis of the European Union

The Crisis of the European Union
Author: Jürgen Habermas
Publisher: John Wiley & Sons
Total Pages: 128
Release: 2014-03-03
Genre: Philosophy
ISBN: 0745681530

Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.