SHORT REFLECTION TO A POSSIBLE EU CONSTITUTION: NATIONAL SOVEREIGNTY TO COMMUNITY LAW

At the end of the Fifteen century and beginning of the Sixteenth, national estates were created in Europe and modern International Law appeared. These are two coexisting and inseparable phenomena. This duality explains why the political power of national Estates is based on a double legitimacy: each Estate sets its own political power, but a the same time it recognises a higher system that binds all the national elements.
Regarding the European Union, however, there is a clearer and more efficient legitimacy.
Half a century ago, the creative talent of a generation of clear-sighted men was the driving force of the start in Western Europe of a political integration phenomenon that can culminate in a Political Union in spite of the differences between the several national estates.
The singularity of this process becomes evident in different ways: in the community treaties, in the nature and features of Community Law and especially in the relationship between Community Law and the law of the different Member Estates. In this relationship is Community Law the one that prevails.
Integration dynamics and its corresponding law have entered an acceleration process that may go far.

Journal: 
6
Authors: 
José Puente Egido
Attached file: 
Sección: 
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