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The Issue Of Sovereignty in an Ever-Closer Union
Tina Oršolić Dalessio
Sažetak
This paper aims to answer the following question: what
is the understanding of the principle of sovereignty in the EU today,
and how should this knowledge inform our actions tomorrow? It is
demonstrated that from both doctrinal and practical points of view, it
is impossible to determine conclusively what sovereignty or its preservation
entails in the present European legal setting. The only point of
clarity regarding the contemporary interpretation of sovereignty is that
the principle should no longer be conceived in traditional and absolute
terms – since this would be incompatible with the current European legal
and political reality. Yet, while there seems to be an agreement on
what sovereignty is not, there is no agreement, in either legal doctrine
or practice, on what this principle actually is. It is argued that such a
deeply contested nature of sovereignty puts in question not only the
role and strength of this principle, but also the adequacy of its use as
a legal parameter for determining the boundaries of the European integration
process. It is thus concluded that in legal debates concerning
the future of the EU, arguments relying on sovereignty should not be
taken at face value. Rather, they should be approached with a critical
eye and with full awareness of the disputed nature of the principle
they rest upon.
Ključne riječi
Hrčak ID:
131640
URI
Datum izdavanja:
17.12.2014.
Posjeta: 2.237 *