The Unbearable Lightness of Sovereignty - Several Comments about Sovereignty, Legal Personality and Supremacy in the European Union

  • Ivo Šlosarčík
Keywords: European Union, sovereignty, legal personality, supremacy of EU law, France, Germany, the Czech Republic, constitutional judiciary

Abstract

This article analyses the interconnectedness of sovereignty, legal personality and legal supremacy in the context of European integration. At the EU level, the text analyses the development of the supremacy of EC/EU law over national legal systems, and its impact on the sovereignty of EU member states. Member states' attitudes towards the EU's influence on national sovereignty are demonstrated in case studies of France and Germany, particularly the approaches of the French and German constitutional judiciaries towards the Maastricht Treaty, towards the Treaty establishing the Constitution of Europe and towards recent developments in police and judicial co-operation. In the conclusion, the French and German experiences are applied to the current situation in the Czech Republic, and four potential scenarios of conflicts arising over sovereignty are anticipated

Author Biography

Ivo Šlosarčík

 

 

Section
Consultations