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Lessons from the “Constitutional Mythology” or How to Reconcile the Concept of State Sovereignty with European Intagration

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Hamuľák O.
DANUBE: Law and Economics Review
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2015
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vol. 6
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issue 2
75-90
EN
This paper analyses the question of how to perceive the traditional theoretical concept of state sovereignty vis-á-vis European integration. Within the European project we face the paradox of having two authorities claiming autonomy and dominance. It is undisputable that the European Union is behaving like an autonomous public power - the new sovereign of its kind. But at the same time the Member States also maintain their sovereign statehood. This duality cannot be comprehended together with the old characteristics of sovereignty, which accepts only one holder of this feature. To reconcile the phenomena of European integration and the concept of sovereignty, we must shift into new definitions of the latter. This paper argues in favour of the acceptation of a shared sovereignty concept.
2

SUVERENITA STÁTU VČERA A DNES – K DYNAMICE POJMU A HERMENEUTICKÝM POSUNŮM V JEHO CHÁPÁNÍ

100%
Hamuľák O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 3
222 – 239
EN
The article is devoted to the development of the understanding of the concept of state sovereignty from the initial period of its inception to the present time. Author’s aim is to highlight the dynamics in the understanding of this concept, which proves the notion of its continuous hermeneutic adaptation to the new social conditions. The concept of sovereignty can not be understood as a static concept, which did not change its content and definition over the years. The internal dimension of sovereignty is weakened by the development of the democratization of society, searching for legitimate sources of power, promoting the concept of substantive constitutional state. The external dimension is then modified in the context of deepening international cooperation and integration, with the creation of international rules for dispute resolution and the creation of integration groupings. The author responds to the current call for the federalization of the European Union (Speech by President of the European Commission Mr Barroso’s On the State of the Union 2012 presented in the European Parliament 12 September 2012), which opens the debate over disappearing sovereignty of the Member States of the European Union again. He points to the need for the open understanding of the concept, which allows us to create harmony between ambition of the supranational entity and interests of its basic units - the Member States.
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