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Author: Ondrej Hamuľák
Publisher: Springer
ISBN: 3319453513
Category : Law
Languages : en
Pages : 95
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Book Description
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?
Author: Ondrej Hamuľák
Publisher: Springer
ISBN: 3319453513
Category : Law
Languages : en
Pages : 95
Get Book Here
Book Description
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?
Author: Anthonie Brink
Publisher:
ISBN: 9781780682198
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
How does EU membership affect national sovereignty? This edited volume offers a broader perspective on sovereignty relying on the international law concept.
Author: Richard Rawlings
Publisher: Oxford University Press (UK)
ISBN: 0199684065
Category : Law
Languages : en
Pages : 369
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Book Description
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.
Author: Nathalie Brack
Publisher: Routledge
ISBN: 1000385124
Category : Political Science
Languages : en
Pages : 140
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Book Description
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.
Author: Francis G. Jacobs
Publisher: Cambridge University Press
ISBN: 9780521703857
Category : Law
Languages : en
Pages : 190
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Book Description
Author was formerly Advocate-General at the European Court of Justice in Luxembourg.
Author: Fabrizio Capogrosso
Publisher: GRIN Verlag
ISBN: 364026262X
Category : Political Science
Languages : en
Pages : 58
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Book Description
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
Author: Rainer Arnold
Publisher: Springer
ISBN: 9401774714
Category : Law
Languages : en
Pages : 199
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Book Description
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).
Author: Jeffrey Ellsworth
Publisher: Bloomsbury Publishing
ISBN: 1474228399
Category : Political Science
Languages : en
Pages : 321
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Book Description
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.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284
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Book Description
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.
Author: R. Adler-Nissen
Publisher: Springer
ISBN: 0230616933
Category : Political Science
Languages : en
Pages : 253
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Book Description
This book offers an in-depth examination of the strategic use of State sovereignty in contemporary European and international affairs and the consequences of this for authority relations in Europe and beyond. It suggests a new approach to the study of State sovereignty, proposing to understand the use of sovereignty as games where States are becoming more instrumental in their claims to sovereignty and skilled in adapting it to the challenges that they face
