EVROPSKA UNIJA: SUVERENI ENTITET?
THE EUROPEAN UNION: A SOVEREIGN ENTITY?

Summary/Abstract: The EU is a construction based upon international treaties which function as its very foundation. Therefore, all its competencies are derived from these founding treaties that are the result of the sovereign will of its member states. None provision of the treaties confers Competence-Competence to the Union. As the most crucial element of sovereignty the Competence-Competence is still placed in the member states. Beside this fact, the member states have the sovereign right to withdraw from the Union and the Lisbon Treaty provisions contain, for the first time, a prescribed formal withdrawal procedure. The EU also lacks of a common European nation that could be the democratic legitimation of a EU constitution. Because of that we can not speak of an existing EU constitution, but rather of pre-constitutional forms. Although there is much debate about the very same character of the EU, analyzing the Lisbon Treaty, we can reveal the significant intergovernmental character of the EU without an unconditional and absolute supremacy of the EU Law over national law of the member states, as it would be in a federation.

• Details
• Contents