The European Union and European National Sovereignty

The European Union (EU) is a unique economic and political partnership between 28 different countries. It consists of about half a billion citizens, and its combined economy represents about 20 percent of the world’s total economy (Briney, 2015). Today The European Union works as a single market, with free movement of people, goods and services from one country to another. There is a standard system of laws to be followed, and since 1999 many countries share a single currency called the Euro (Europa.eu, 2015). This essay will explore the background history of the European Union and the benefits and drawbacks of the European Union.

European Law is very complex law , within EU law there is various different treaties which are in place. Two most significant treaties which have importance to the legislative process are The Treaty on European Union and the Treaty on the functioning of the European Union.

The European parliament – the EU citizens elect a Member of Parliament, which Leads to subsequent legislation.

Ultra-nationalism covers all extreme nationalism that promotes the interest of one state or people above all others. Nationalism refers to patriotic feeling, principles, or efforts. To define success for the European Union we draw upon the EU’s fundamental principles, stated in Article I-4 of the Constitution, which guarantees the free movement of persons, goods, services and capital within the Union (the famous "four freedoms") and strictly prohibits any discrimination on grounds of nationality (European Union, 2005). We take the Union’s Constitution to define EU’s success as maintaining a united coalition, free from barriers, and upholding their fundamental

The 4 main institutions in the EU are; The EU parliament, the Council of Ministers, the European council and the Commission.

State sovereignty and supremacy of European Union law are traditionally seen as fundamentally opposite in nature. The rights of states to deal with national issues internally, in compliance with national law, versus the obligation on states to subordinate national law to Community law.

6. The European Court of Justice can overrule all member states’ courts on which issues?

From a macro scope it is evident the EU is strong promoter democracy and has deeply embedded democratic features, however, as Peterson and Shackleton point out that “understanding politics always begins with understanding institutions not at least the EU”. Taking this advice the essay will seek to examine the two main legislative bodies within the EU,

The ECJ has had a major influence on making the constitution of the EU more supranational by setting rules such as the principle of direct effect, which implies obligation for every EU citizen without having to call in national states, and the primacy of EU law over national law. The ECJ has also had significant influence on other areas of EU policy, such as establishing the principle of mutual recognition of standards in all member states. In other words, the national courts have been incorporated into the administration of EU justice, making the ECJ the most influential judicial body in Europe.

This paper will assess the claim that supremacy of EU law is still an evolving and debatable concept. To do this, I have divided this paper into four sections. The first section will discuss the establishment of supremacy in EU law through ECJ case law. The second section will explore the vibrant debate surrounding constitutional pluralism that has arisen since the early 1990s. The third section will examine the debate and impact of the codification of primacy in the early 2000s. The fourth section will examine the extent to which the principle of sovereignty has been accepted in three EU Member States, namely, the United Kingdom, Germany, and Poland.

State sovereignty and supremacy of European Union law are traditionally seen as fundamentally opposite in nature. The rights of states to deal with national issues internally, in compliance with national law, versus the obligation on states to subordinate national law to Community law.

However again this higher status can be seen as limited as is only assumed from a written obligation. Therefore to asses if supremacy is not the challenge to member state sovereignty that is appears to be, a close analysis of how the CJEU has dealt with the issue of supremacy of EU law in case law is needed, firstly looking at Van Gend en Loos which stated that the ‘EU was a new legal order permanently limiting the sovereign rights of the Member State’. This customs case helped establish the ‘relationships between the European Union and international law…to grantee that the rules of one system are complied with in another legal order ’ showing in practise that if on a national level EU law is breached CJEU will take supremacy and comply with ‘the integrity of the EU legal order’ . Further evaluation of the limits of the supremacy can be seen in the case of Costa V ENEL where ‘Italy had claimed that the EU treaties…had been transposed into the Italian legal order by national legislation, which could therefore be derogated by subsequent national legislation. The court rejected this presumption of the supremacy of national law by insisting on the supremacy of EU law’ . This case holds significance as it ‘is well-known since Costa V ENEL the court has affirmed the supremacy of Community law over national law’ strongly suggesting the continued existence of EU supremacy is not frequently

The European Union (EU) is not a typical international organization. The mix of intergovernmental and supranational institutions makes the EU a unique, distinctive political, and economic system. As Europe has spiraled from one crisis to the next, difficult discussions haves arisen about how much more power should be delegated to Brussels. Even though the EU advocates for “ever closer union”, through increased integration, states are becoming hesitant to relinquish power to the EU. This is due to the fact that state sovereignty has become threatened; it is being compromised by a combination of the lack of effective democratic institutions and the loss of states have lost control of law-making to legislation power to EU institutions. Euroenthuthiasts argue that state sovereignty is enhanced, not threatened, by reallocating power to EU institutions. However, Eurosceptics dispute that too much control has seceded to the EU making is a threat to state sovereignty. My position aligns with Eurosceptics, for the EU has weakened state sovereignty do to increased centralization of power in EU institutions that lack legitimacy. The European Project has obtained a copious amount of jurisdiction from states and eroded a basic fundamental freedom of the modern state- sovereignty. Since the EU has with goals to deepen and widen integration it’s clear that forfeiting state sovereignty will only intensify. My essay will start with a brief history of the European Union and a short

The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty-eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the ‘Euro-zone’ (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its ‘tricameral’ (European Union, 2007)

The European Union is a political community constituted as an international organization whose aim is to promote integration and a common government of the European people and countries. According to the Article 3 of the European Union Treaty, Union’s aim is to promote peace, its values and the well-being of its peoples. It is based on the values of freedom, democracy, equality, law enforcement and respect for human rights and dignity.