LA SOUVERAINETE D’ETAT ET LE CARACTERE OBLIGATOIRE DES NORMES JURIDIQUES EUROPEENNES

Genoveva Vrabie [1]

Andra Marin[2]

p. 77 - 88

Abstract

The sovereignty of the people, out of which state sovereignty draws its essence, is a „natural right” of the people, envisaged as a nation. It is an inalienable and imprescriptible right. However, the concepts must be reconsidered. Firstly, it is underwritten the idea that the states give up the exercise of certain sovereign rights in favor of the European institutions, while remaining their holders, and that this is done from a position of equality, for common purposes. Secondly, a case is made for working toward the clarification of the concept and of the value it carries, by pointing to several decisions taken by the constitutional courts, which ruled, among others, on certain claims that state sovereignty was breached by the ratification of the Lisbon treaty. Finally, comments are provided on recent developments in the relationship between the state and the European Union, and on the tilting of the balance in favor of one or the other.

Title: State Sovereignty and the Mandatory Character of the European Legal Norms

Keywords: sovereignty, state, European Union, constitutional court

[1]Genoveva Vrabie, Ph.D., is Professor and President of “Mihail Kogălniceanu” University, Iaşi, Romania; contact: genoveva.vrabie.at.umk.ro

[2]Andra Marin, Ph.D. candidate, is Lecturer at “Mihail Kogălniceanu” University, Iaşi, Romania; contact: andra.marin.at.umk.ro

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