Bulletin n. 1/2012 | ||
June 2012 | ||
Mouton Jean-Denis |
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L'État membre entre souveraineté et respect de son identité: quelle Union européenne? | ||
in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 556, mars , 2012 , 204-209 | ||
The federal vocabulary is back in the political arena, following the crisis that affects the European Union. But what it is? An analysis of the evolution of the Union member country status, based on the founding treaties, as well as on the case law of the European Union Court of Justice, helps understand what form of federalism it could be heading for. Though the statement of state sovereignty is reinforced, the principle that the European Union shoul respect the national identity of its member countries is gradually emerging in the case law of the Luxembourg Court, in line with the case laws of national constitutional courts. There appears to be arising what one could refer to as a plurinational federation, distinguished from a federal state. One of the major stakes that the European construction now has to address is certainly the challenge that such a form of political organisation could lead to an actual political community. | ||