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Croatian yearbook of European law & policy, Vol.10 No.10 December 2014. -

This paper aims to answer the following question: what

is the understanding of the principle of sovereignty in the EU today,

and how should this knowledge inform our actions tomorrow? It is

demonstrated that from both doctrinal and practical points of view, it

is impossible to determine conclusively what sovereignty or its preservation

entails in the present European legal setting. The only point of

clarity regarding the contemporary interpretation of sovereignty is that

the principle should no longer be conceived in traditional and absolute

terms – since this would be incompatible with the current European legal

and political reality. Yet, while there seems to be an agreement on

what sovereignty is not, there is no agreement, in either legal doctrine

or practice, on what this principle actually is. It is argued that such a

deeply contested nature of sovereignty puts in question not only the

role and strength of this principle, but also the adequacy of its use as

a legal parameter for determining the boundaries of the European integration

process. It is thus concluded that in legal debates concerning

the future of the EU, arguments relying on sovereignty should not be

taken at face value. Rather, they should be approached with a critical

eye and with full awareness of the disputed nature of the principle

they rest upon.



Autor: Tina Oršolić Dalessio -

Fuente: http://hrcak.srce.hr/



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