Noi, poporul? De la ficțiunea constituțională a suveranității la narațiunea supremației dreptului UE
We, the People? From the Constitutional Fiction on Sovereignty to the Narrative of the EU Law’s Supremacy

Summary/Abstract: The rhetoric of sovereignty is part of the constitutional discourse of any modern state, even if the theory of popular sovereignty or national sovereignty has older philosophical roots. The supremacy and independence of state power are the result of a consensus and of some concessions assumed by people and meant to offer constitutional guarantees to those who understood the value of these constructions; therefore “we the people” represents an expression of a legal and political fiction around which the democratic state legitimizes its own authority. The paper proposes to critically analyze how different categories of sovereignty have come to compete by generating constitutional conflicts and how these conflicts affect European construction, resilience and transformation capacity of the European Union. The approach is a post-modern and constructivist one, and seeks to highlight the future and the chances of the idea of the supremacy of EU law over national law, in a world where the sovereignty topic seems to be more and more sensitive and more complex. The outcome of possible conflicts will show the EU's ability to stand the test of time and will assay European integration process.

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