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Tuning European Union Law To National Sovereignty

Posted on:2008-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X SuiFull Text:PDF
GTID:2166360215479511Subject:International politics
Abstract/Summary:PDF Full Text Request
The process of the European Integration is originated by the initiative of the European and American political figures in the late 1940s'to the early 1950s',and is constructed orgarization in the mid 1960s'.It's said that it is the first the integration of the voluntary and coordinative mechanisms between the different countries in the history.The ideological of the European Integration,the historical process of the European Community,from the European Community to the European Union process,which constitute together the formation and the development process. Currently, The European Union is the regional international organization which is the highest level of the economic integration and which is going to make efforts to achieve the goal of the political integration and reunification,and it plays an important role in the international political and economic relation.During the half of the period of the gradual integration process,it gradually formed the European Union Law,and it integrated the legal culture and traditions,and the choices of the political aspects and social values,and the historical mission of realization of uniting European. European Union not only resembles the national sovereignty in the internal organization,but also practically exericises the rights past belongs to the soveriegn nations in many areas.From tariffs, trade to the whole business policy from employment, the immigrant movement to social welfare policy from the competition of the transportation, agriculture, fishing to the environment and technology policy from the judicial assistance to the house cooperation policies from the political cooperation to the common foreign and security policy. In short, from the internal affairs to the diplomacy, the EU's legislative and executive and judicial power, either exclusive or mixed arrangements with member countries. Because the transferrence of soverienty right is permenant,and is set down in the legal form of the interntional treaties,the European Union's authority within the jurisdiction is the same the nature of stability as exercised by the national soveriegnty.It has been more than four centuries since the concept of sovereignty was defined. In the course of practice, the theory of national sovereignty as a historical category has also became more abundant and developed. Baudin, Grotius, Locke, Rousseau, Hegel and others made a significant contribution to the development of the traditional theories of national sovereignty. The contemporary western concept of national sovereignty is various. The thesis analyses the more practical effects of the neo-liberal concept of national sovereignty and constructivist concept of national sovereignty. The thesis proposes to use the developing Marxist to develop the state sovereignty issues innovatively. Whenever the European joint process advances a little, whenever the European Union perfects a little, it's always along with the transfer of sovereignty in varying degrees. This assignment is based on the consensus of all member states. EU Law has the EU member states make their sovereign authorities at a higher level and through more effective way to present the price of the existence. The development of enrichment of the transferring and sharing sovereignty in the process of European integration indicates the necessary responses of national sovereignty in the face of challenges. In the view of the perspective of regional integration, such transferring and sharing sovereignty is undoubtedly a trend of historical advancement and development.Whenever the European joint process advances a little, whenever the European Union perfects a little, it's always along with the transfer of sovereignty in varying degrees. This assignment is based on the consensus of all member states. EU Law has the EU member states make their sovereign authorities at a higher level and through more effective way to present the price of the existence. The development of enrichment of the transferring and sharing sovereignty in the process of European integration indicates the necessary responses of national sovereignty in the face of challenges. In the view of the perspective of regional integration, such transferring and sharing sovereignty is undoubtedly a trend of historical advancement and development.
Keywords/Search Tags:National Sovereignty, European Union Law, Transferrence of The Sovereignty
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