National Sovereignty In The European Union
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National Sovereignty In The European Union
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Author : Ondrej Hamuľák
language : en
Publisher: Springer
Release Date : 2016-09-16
National Sovereignty In The European Union written by Ondrej Hamuľák and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Law categories.
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?
Understanding Conflicts Of Sovereignty In The Eu
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Author : Nathalie Brack
language : en
Publisher: Routledge
Release Date : 2021-05-10
Understanding Conflicts Of Sovereignty In The Eu written by Nathalie Brack and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-10 with Political Science categories.
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.
Limitations Of National Sovereignty Through European Integration
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2016-02-25
Limitations Of National Sovereignty Through European Integration written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
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).
Shared Sovereignty And Denationalisation Of Statehood In The European Union
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Author : Fabrizio Capogrosso
language : en
Publisher: GRIN Verlag
Release Date : 2009-02-06
Shared Sovereignty And Denationalisation Of Statehood In The European Union written by Fabrizio Capogrosso and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-06 with Political Science categories.
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.
European Sovereignty Legitimacy And Power
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Author : Bart M.J. Szewczyk
language : en
Publisher: Routledge
Release Date : 2020-12-23
European Sovereignty Legitimacy And Power written by Bart M.J. Szewczyk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-23 with Political Science categories.
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.
Fiscal Sovereignty Of The Member States In An Internal Market
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Author : Jacobus Johannes Maria Jansen
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Fiscal Sovereignty Of The Member States In An Internal Market written by Jacobus Johannes Maria Jansen and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Business & Economics categories.
The book deals with national sovereignty of Member States in tax matters, and the tensions created by the fact that the decisions by the European Court of Justice requires them to exercise consistently with the Community law. Contributions in the book cover a variety of critical issues, including the current and possible future effects of the internal market on the fiscal sovereignty of Member States; the limits that European law imposes on Member States' policy sovereignty in matters of international tax law; the effect of European law on taxes levied by local authorities; and the consequences the Treaty of Lisbon may have for Member States' fiscal sovereignty.
National Sovereignity And International Organizations
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Author : Magdalena M. Martín Martínez
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1996-02-28
National Sovereignity And International Organizations written by Magdalena M. Martín Martínez and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-02-28 with Political Science categories.
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.
Sovereignty In Conflict
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Author : Julia Rone
language : en
Publisher: Springer Nature
Release Date : 2023-06-06
Sovereignty In Conflict written by Julia Rone and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-06 with Political Science categories.
This edited volume brings together leading international researchers in an attempt to disentangle and understand the multiple conflicts of sovereignty within the European polity in the aftermath of the 2008 economic crisis. While most research on sovereignty focuses on its international dimensions, what makes this volume distinctive is the focus on the mobilization of sovereignty discourses in national politics. Contrary to tired paradigms studying clashes between national and supranational sovereignty, the various chapters of the volume offer a provocation for the readers – what if these old vertical conflicts of sovereignty are increasingly complemented by horizontal conflicts between executives and parliaments at both the national and international level?
Opting Out Of The European Union
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Author : Rebecca Adler-Nissen
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-14
Opting Out Of The European Union written by Rebecca Adler-Nissen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-14 with Law categories.
This book provides the first in-depth account of how European Union opt-outs and differentiated integration work in practice.
The European Union And The End Of Politics
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Author : James Heartfield
language : en
Publisher: John Hunt Publishing
Release Date : 2013-05-31
The European Union And The End Of Politics written by James Heartfield and has been published by John Hunt Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-31 with Political Science categories.
Europe is in crisis, but the European Union just gets stronger. Greece, Portugal, Spain and Ireland have all been told that they must submit their budgets to EU-appointed bureaucrats. The 'soft coup' that put EU officials in charge of Greece and Italy shows that the Union is opposed to democracy. Instead of weakening the European Union, the budget crisis of 2012 has ended up with the eurocrats grabbing new powers to dictate terms. Over the years the forward march of the European Union has been widely misunderstood. James Heartfield explains that the rise of the EU is driven by the decline in political participation. Without political contestation national parliaments have become an empty shell. Where once elites drew authority from their own people, today they draw authority from the European Union, and other summits of world leaders. The growth of the European Union runs in tandem with the decline in national politics. As national sovereignty is hollowed out, technocratic administration from Brussels fills the void. This account of the rise of the European Union includes a full survey of the major schools of thought in European studies, and a valuable guide to those who want to take back control. ,
