Naslov
Scrutinizing EU Law Under National Constitutional Laws: A Homogeneous Approach in a Heterogeneous Environment

Autori
Tina Oršolić Dalessio

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, ostalo

Knjiga
Poznavanje i vrijednosno prihvaćanje europskog i međunarodnog prava u Republici Hrvatskoj

Urednik/ci
Šimonović, Ivan

Izdavač
Pravni fakultet Sveučilišta u Zagrebu

Grad
Zagreb

Godina
2012

Raspon stranica
29-54

ISBN
978-953-270-059-6

Ključne riječi
European Union Law, National Constitutional Law, Treaty, Review

Sažetak
There is an ongoing and growing trend of relying on the concept of sovereignty as a crucial parameter for scrutinizing EU law changes under national constitutional norms. Specifically, debates regarding the future of EU law often seem to be dominated by the so-called ‘sovereignty-related approach’. This approach reveals a considerable amount of concern expressed by member states’ actors that the evolvement of EU law might lead to a loss, or an unauthorized limitation of member states’ sovereignty. In that regard, the usual calculus consists in the following: as long as changes in EU law do not threaten the state’s core sovereign powers, such changes will be regarded as compatible with national constitutional principles and, therefore, as acceptable. While identifying this virtually uniform approach by highest national tribunals across Europe, the paper will also point to some problems attached to it. It will show that none of the tribunals that used the identified approach have been able/willing to provide a clear definition of the term ‘sovereignty’. The author will argue that this finding is, in turn, quite indicative in terms of assessing the transparency and, ultimately, the adequacy of employing the sovereignty-related approach in the future.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA