Role of Sovereignty Concerning Analysis of Relationship Between the Czech Republic as a Member State of the EU and the Union Itself – Dead Branch or Stepping Stone? Cover Image

Role suverenity při analýze vztahu Evropské unie a České republiky jako členského státu EU – slepá větev, nebo odrazový můstek?
Role of Sovereignty Concerning Analysis of Relationship Between the Czech Republic as a Member State of the EU and the Union Itself – Dead Branch or Stepping Stone?

Author(s): Miroslav Knob
Subject(s): International Law, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: European Union; Sovereignty; Transfer of Competences; Constitutional Court.

Summary/Abstract: This paper builds on the conclusions of Pavel Molek’s book „Material Core of Constitution – an Eternal Obstacle to EU Integration?” Basics of this paper are based on the book’s conclusions regarding the concept of material core of the constitution and the concept of sovereignty as a part of the material core of the constitution. The article first analyses basic approaches to the concept of sovereignty, especially focusing on the issue of European Union law and the relationship between the EU and its Member States. The article further outlines six substantial judgements of Constitutional court and the role of the concept of sovereignty in relationship between the Czech Republic as a member state of the EU and the Union itself. The conclusion of this paper is the finding that concept of sovereignty has no relation to the analyzation of the relationship between the Czech Republic as a member state of the EU and the Union itself. That is because the sovereignty is more a limitation for this relationship than its part. If the next academic debate wants to deal with relations among the EU and its Member States, it is necessary to focus on the issue of transfer of competences.

  • Issue Year: 25/2017
  • Issue No: 2
  • Page Range: 325-337
  • Page Count: 13
  • Language: Czech