Publication details

Conclusion and Implications

Authors

SEHNÁLEK David

Year of publication 2026
Type Chapter in a book
MU Faculty or unit

Faculty of Law

Citation
Description This concluding chapter explores the complex relationship between the deepening of European integration and the preservation of sovereign equality among Member States. The author posits that absolute sovereignty is a theoretical ideal; in practice, states trade full independence for the functional benefits and shared influence of EU membership. Through the evaluation of four key hypotheses, the study confirms the ongoing existence of "competence creep" within EU institutions and demonstrates that formal legal equality often fails to ensure de facto equality, occasionally disadvantaging smaller or newer Member States. Furthermore, the analysis challenges the premise that strict legal unification (e.g., via regulations) is inherently the most effective regulatory approach, suggesting instead that harmonisation (e.g., via directives) is better suited to accommodate national economic and legal diversity. The chapter concludes that while the European Union remains the most advanced framework for institutionalising shared sovereignty, its long-term legitimacy depends on mutual "restraint" from both European and national institutions, strict adherence to the principle of conferred powers, and a profound respect for the constitutional identities of its Member States. Alternative external arrangements or purely intergovernmental models are shown to offer less genuine equality and influence.

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