European Union and the Discourse of National Sovereignty

Public Law ◽  
2019 ◽  
pp. 835-868
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens

This chapter discusses the reception of Community (now EU law) in the UK courts, and in particular how UK courts reconciled the doctrine of supremacy with the doctrine of parliamentary sovereignty. The chapter will examine three ways in which the UK courts have attempted to reconcile these competing doctrines: by constructing national law in light of EU law; by disapplying conflicting national law; and by reasserting national sovereignty and threatening not to apply EU law automatically. Finally, the chapter will briefly re-visit the case of Miller in order to evaluate that case in light of earlier cases on the relationship between UK and EU law.


2020 ◽  
Author(s):  
Hartmut Marhold

The European Union is lacking a “founding myth”? Not at all, here it is – and, in fact, it is no myth, but a real story: The destiny of European integration took shape on 9 May 1950, with the declaration of the French Foreign Minister Schuman, who launched the European Coal and Steel Community. The events of these days can be retraced hour per hour, the actors gain life and profile. The solution is revolutionary: It is the first “breach in national sovereignty”. This would become the path towards today’s EU. – The story once told, there is a lot to be learnt: What was the relation between the wish of the Western Allies to bind (West-)Germany into the Western Bloc and the Franco-German desire to ensure peace? What was the relation between the economy and (high) politics? What about the relation between structural constraints and personal political leadership – would other politicians than Jean Monnet, Robert Schuman and Konrad Adenauer have decided otherwise? This book tells the story of 9 May, our “Europe Day”, and reflects on its meaning.


Author(s):  
Abigail Leblanc

Since the signing of the European Coal and Steel Treaties, France and Germany have been linked as unlikely friends in Europe. This paper discusses the Franco-German relationship post WWII, defining the characteristics of a partnership that has defined the history of the European Union and has served as a foundation for peace and cooperation on a continent that has struggled to shake off constant war. This paper then analyzes the hypothesis that the Franco-German relationship is no longer the foundation stone of the European Union in two sections. First, this paper applies these characteristics of deepening integration, increased economic interaction and mutually beneficial cooperation to the present day EU and seeing whether they are still integral to interactions among member states. It then establishes the present day characteristics of the EU as ones of increased national sovereignty, as opposed to Franco-German methods of cooperation.


2020 ◽  
pp. 131-144
Author(s):  
Kirsten Forkert

The chapter explores the role of xenophobia and nationalism within the media rhetoric mobilised during the EU referendum campaign. It examines how the rhetoric of the Leave campaign attempted to restore a perceived lost national sovereignty and agency, imagined as a simple intuitive equivalence between national citizens, national taxpayers, and national public services. The chapter explains how, through neoliberal reforms, the welfare state was transformed according to the principles of competition, individual consumer choice and conditional entitlement to benefits. It also focuses on the framing of the European Union as taking taxpayers’ money which could otherwise be used to fund national public institutions.


2017 ◽  
Vol 12 (2-3) ◽  
pp. 249-255
Author(s):  
Ioannis Vrailas

The overwhelming majority of the United Nations’ member states remain keen to preserve the traditional intergovernmental nature of the organization in the name of universalism, equality among states and national sovereignty. However, in most negotiating processes, delegations are increasingly content to take part through the groups or sub-groups of which they are members, rather than individually on a national basis. In this regard, the European Union (eu) sets the standards for both organization and effectiveness, especially since the entry into force of the Lisbon Treaty and the eu’s Special Observer status, granted by unga Resolution 65/276.


Author(s):  
Zhemin Wang ◽  
Zhijun Lin ◽  
Yan Tan ◽  
Yuansha Li ◽  
Morris Liu

Taxation is a symbol of national sovereignty and a central part of a countrys overall economic policy, helping finance public spending and redistribute wealth. Furthermore, for international business executives, taxation is an important consideration in investment decisions. This paper discusses the taxation in two European Union (EU) member countries, Germany and Romania. These two countries are selected because of their different stages of economic development and their unique characteristics in taxation.


2013 ◽  
Vol 14 (5) ◽  
pp. 527-560 ◽  
Author(s):  
Michael A. Wilkinson

“We seem to be caught in an ‘impossible interregnum': After the end of classical national sovereignty, before the beginning of a postnational sovereignty.”


1998 ◽  
Vol 47 (2) ◽  
pp. 257-277 ◽  
Author(s):  
Andrew Evans

Historically and conceptually, EU law originates in the idea that member States have approved restrictions of national sovereignty in the interests of establishing a common market. In accordance with this idea, significant elaboration or extension of these restrictions must also be approved by the member States or at least by a majority of their representatives in the Council of the Union. The implication is not only that the development of the rules of the common market is dependent on the will of the member States. The further implication is that the rules of the common market and the rules of Union decision-making are separable, in the sense that the latter rules are not affected by the former rules. While such implications are ill-adapted to the pluralist tendencies of integration processes, particularly the participation of third States (that is, non-member States) in these processes, they are confirmed by the formal structure of the EC Treaty.


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