On the understanding and exercise of sovereignty in terms of the membership in the European Union – few basic remarks, but are they convincing? Cover Image

Wokół pojmowania i wykonywania suwerenności w warunkach członkostwa w Unii Europejskiej – kilka uwag podstawowych, lecz czy przekonujących?
On the understanding and exercise of sovereignty in terms of the membership in the European Union – few basic remarks, but are they convincing?

Author(s): Jerzy Ciapała
Subject(s): Constitutional Law, Government/Political systems, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: EU member states; constitution; EU;

Summary/Abstract: The subjects of this article are the descriptions and the analysis of some issues and processes within the constitutional background in the EU member states after the adoption of the Lisbon Treaty. They influence the traditional perception of sovereignty. The Author tries to defend the thesis that the traditional concept of state and its sovereignty hasn’t lost its interest and is still topical. Obviously it has been changing, but the basic position of the contemporary state (EU member) is still not close to the possible federal structure of the EU. It is to be emphasized, that - as far as the states’ powers are concerned - the significant separation between the formal previous attachment of powers and their further transfer to the EU institutions are of great importance. The Author points out that the constitutional processes are accompanied by some theoretical changes of the concept of sovereignty.Therefore, some opinions about them are presented as well as the decisions of Polish and German Constitutional Tribunals.The Author is convinced that the systemic model of the European Union, which is stilling the phase of self-definition developing concepts and own characteristic institutions, will become consecutively federalized. This process is not doomed and the EU is not going to become a federation based on its constitution, in the nearest future.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 83-98
  • Page Count: 16
  • Language: Polish