Avrupa Birliği Ülkelerinin Yetkilerini Güvenlik Gerekçesiyle Tümüyle Avrupa Birliği’ne Devretmedikleri Alanlar Üzerine Bir Çözümleme
A Study on the Areas in Which European Union Member States Have not Transferred Their Competences Completely to European Union Due to Security Reasons

Summary/Abstract: There is a close relation between sovereignty perception of a state and its perception for alienating of competence. The most significant dimension of this relationship is the security. Peculiarly, transfer of these competences is a security matter for a state, albeit security of it entails exclusively preserving of the national competences. Starting with the European Coal and Steel Community of 1951, the issue of alienating competence spilt over many fields, when the European countries are taken into consideration. The issue of transferring competence gained pace through establishment of European Economic Community by Rome Treaty of 1957. A great many of national competences were devolved to the legislative power of a supranational authority. The European integration which progressively amended till 1992, expanded the context of competence transferring. The limits of alienating competence of the nation-state was attained in conjunction with launching of the European Union by Maastricht Treaty of 1992. As a matter of fact, the three pillar system consisting ‘the European Communities’, ‘Common Foreign and Security Policy’ and ‘Justice and Home Affairs’ was named as “European Union (EU)”. The competences, such as foreign policy and home affairs, which concern directly the security of the state, have not been alienated to the EU. It has been determined that the decision in these fields is to be taken unanimously. Nonetheless, the policy fields such as taxation, defense industry, terror and many of the economic policies have been retained on the hand of the states exclusively as a reason of the security of state. The aim of this research is to bring up the matter in which of these competences are not be alienated to the supranational system. The attitude of the EU members on transfer of competence entails to alienating them restricted with the state security. Non-transferred competences are the consequences of state security reasons.

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