Suveranitatea națională și puterea de stat în contextul integrării euroatlantice a României
National Sovereignty and State Power in The Context of Romania's Euroatlantic Integration

Author(s): Marius Andreescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Universul Juridic
Keywords: National Sovereignty; State Power; State Characters and Attributes; The Relationship Between the Internal Constitutional Order and European Union Law;
Summary/Abstract: : From the terminological point of view, but with different implications and content from a conceptual point of view, the doctrine uses the notions of popular sovereignty, national sovereignty and state sovereignty. The sovereignty of the people represents the right of the people to decide on their fate, to establish the political line of the state and the composition of its organs and to control their activity. Ideally, in the society where state power truly belongs to the entire people, the sovereignty of the people is identified with the sovereignty of the state. National sovereignty is based on the sociological idea of a nation considered as a legal entity that has its own will, distinct from that of the people who temporarily compose it at the present time, a will that is expressed through the representatives of the nation designated by electoral procedures. State sovereignty is one of the general features of power and the state and implicitly one of the constitutive elements of the state. In this sense, sovereignty is the right of the state to decide freely in everything that means internal and external politics. In the context of the Euro-Atlantic integration of Romania, the report, the internal legal and constitutional order, and on the other hand the application of the principle of priority of European Union law involves numerous legal problems and a new conception of national sovereignty. In this study we refer to the most relevant aspects of doctrine and jurisprudence regarding the relationship between the internal constitutional order and European Union law.

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