Publication details
RESPECT FOR NATIONAL IDENTITY AND THE LOYALITY PRINCIPLE IN EU LAW. REMARKS CONCERNING THE FUTURE DEVELOPMENT OF THE UNION
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Zborník príspevkov z medzinárodnej vedeckej konferencie Bratislavské právnické fórum 2018, sekcia 13 |
| Citation | |
| Web | https://www.flaw.uniba.sk/veda/konferencie-a-podujatia/bratislavske-pravnicke-forum/zborniky/ |
| Keywords | Supranationality; loyality; national identity; qualified majority; opt-outs; enhanced cooperation; democratic deficit; international treaty; federation |
| Description | The present study gives the survey of instruments for the overcoming of eventual conflicts and suggests a radical supplementary solution. Member States not willing to be subordinated to the general regulation of EU law, may benefit from an exemption on the level of primary or secondary law (opt-out) or tolerate the enhanced cooperation of remaining Member States (differentiated integration). Unfortunately, problems can be generated also subsequently - through the qualified majority voting in the Council. Another problem is be the so-called democratic deficit - especially the absence of national parliaments in the EU legislation procedure. As a remedy we could suggest, at least for political matters, a partial retreat from the supranational method in favour of returning to the traditional intergovernmental method. This would resolve the problem of the disproportional limitation of the sovereignty of Member States and of the democratic deficit. It seems to be better to build the Union gradually, slowly, little by little, a firm Union with all Member States and citizens content and satisfied, than a Union fragile, falling out, with no popular support, rushing big speed not knowing where. |