EXERCISE OF COMPETENCES IN THE EUROPEAN UNION - BETWEEN THE LOYALTY CLAUSE AND THE CLAUSE ON RESPECTING THE NATIONAL IDENTITY OF THE MEMBER STATES. SOME REFLECTIONS
EXERCISE OF COMPETENCES IN THE EUROPEAN UNION - BETWEEN THE LOYALTY CLAUSE AND THE CLAUSE ON RESPECTING THE NATIONAL IDENTITY OF THE MEMBER STATES. SOME REFLECTIONS

Summary/Abstract: The primary law of the European Union today enshrines a category of principles defining the relations between the Union and its Member States which includes not only the principles strictly related to the competences of the Union (subsidiarity and proportionality) but also the principle of sincere cooperation and the principle of respect for national identities. They are designed to strike a balance between the obligations on Member States arising from the integration requirements and the obligations incumbent on the Union to respect the sovereign freedom of the Member States.

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