Evropska unija i nacionalni suverenitet država članica: Ugovorna osnova EU sa osvrtom na odbačeni Ustav EU
The European Union –Sovereign States’ Political Union : The Contractual Basis of the EU with Regard to the Rejected EU Constitution

Summary/Abstract: This paper is based on research into the potential constitutional and legal order of the European Union to the analysis and comparison with the current contractual relationship among the Member States. Namely, how Member States can protect their national sovereignty and how they have been protecting it so far in the form of existing alliance of states. The very nature of such relationship leads to the analysis of (non)existence of "sovereign competence of the European Union" as a senior legal order with the respect of the Member States. Also, the author is questioning the current theoretical approaches aimed at proving the reduction of state sovereignty within the EU, to those, who believe that membership in this association sovereignty is simply annulled. In this regard, the intention of this paper is not to present the description labyrinth in which they were different theoretical approaches, but fair presentation of EU - Member States relation through the prism of sovereign competence and contractual bases. This question is additionally directed to the contractual basis and its projection through a system of separation of powers. I.e., whether has the EU acquired substantial elements that characterize a sovereign state to the detriment of the member states or whether those member states, through the same contract provisions, have protected their national sovereignty?

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