Limitations of National Sovereignty through European Integration 1st Edition by Rainer Arnold ISBN 9401774692 978-9401774697

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ISBN 10: 9401774692

ISBN 13: 978-9401774697

Author:  Rainer Arnold
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).

Table of contents:

1. Limitation of Sovereignty by European Integration: The German Experience in a Comparative View
2. European Integration and Limitation of the Power of Constitutional Reform
3. National and Constitutional Identity as a Legal and Political Instrument
4. National Identity and Market Freedoms After the Treaty of Lisbon
5. The European Union in the Constitutional Framework of Member States: The Italian Case
6. Limitation of Sovereignty by the European Integration – The Polish Approach
7. The Transfer of Sovereignty in the Case Law of the Hungarian Constitutional Court
8. An ‘Entirely-Specific’ Situation or a Routine Limitation of the National Autonomy? Slovak pensions XVII of the Czech Constitutional Court
9. The Infra-Constitutionality of European Law in Romania and the Challenges of the Romanian Constitutional Culture
10. The Europeanization of Albanian Constitutional Law
11. The Supranational Character of the European Union Associations with Third Countries

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Tags: Rainer Arnold, Limitations, National Sovereignt, European Integration