Raporturile dintre autorităţile naţionale şi cele ale Uniunii Europene
The relationship between the national and the EU authorities
Author(s): Ioana-Cristina VidaSubject(s): Constitutional Law, International Law, EU-Legislation
Published by: Institutul Român pentru Drepturile Omului
Keywords: national sovereignty; constitution, member states; European Union;
Summary/Abstract: A distinctive issue that arises in case a State is a Member State of the European Union is the issue of its sovereignty. All States are sovereign, whatever the differences – political, economic, social or other. A consequence of States’ sovereignty in their relationship with the international law is their constitutional independence. This is reflected by the international jurisprudence, where it is stated that no rule of the international law demands that a State should have a particular political structure. As a matter of fact, it has been asserted that the international law as a whole is based on the fundamental principle of sovereignty, which entails the State’s liberty to choose its own political, social, economic and cultural systems as well as its foreign policy. However, in the case of EU membership, most States laid down in their Constitutions that such membership had the purpose of exercising in common certain competencies which traditionally pertained to the national sovereignty. They usually also laid down that they chose to do so by virtue of their sovereign decisional capacity, including the domestic law, namely, the Constitution, the partitioning of the exercise of certain powers pertaining to the State’s sovereignty. The realities of contemporary life require that States be aware by the interdependence of their coexistence, which gives them the opportunity of cooperation and regional integration. Choosing one opportunity or another pertains to the national independence, which reflects the value of the sovereignty of contemporary world’s States.
Journal: Drepturile omului
- Issue Year: 2010
- Issue No: 3
- Page Range: 61-66
- Page Count: 6
- Language: Romanian