Bulletin n. 1-2/2014
November 2014
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Mangiameli Stelio
    The European Union and the Identity of Member States
    in Europe en formation (L') , n. 369, 2013/3 ,  2013 ,  151 à 168
    he Member States’ (MS) identity delimits the European competences and the integration process, because the essential inviolable core of their constitution can be opposed to European law. Nevertheless, the European integration process and the basis of the legal sovereignty of the European order started not from the national constitutions, but from the common will of the Member States to give life to a common legal order. The situation of the last decade shows some fractures in the integration process, which call into question the same legal sovereignty of the European Union. Indeed, de facto, some MS have obtained a different position in respect to the others. That can be seen in the veto expressed by France (2005), in the political opinion of the German Constitutional Court in the Lisbon-Judgment (2009) and in the Fiscal Stability Treaty (2012). In particular, the latter it has been released as an assignment of budget-sovereignty not of the EU, but evidently of some MS.
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