European Union, sovereignty, membership rules, accession, withdrawal, EU law, Article 49 TUE, Article 50 TUE, Copenhagen criteria
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The European Union's membership rules and the concept of sovereignty among its member states.
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[...] Turkey is a member of the Council of Europe and NATO, both of which are also reserved for Europe. After all, Cyprus is admitted, despite containing a Turkish community. By referendum, Turkish populations did not feel European. Neither Russia nor Azerbaijan nor Armenia want to become members, but Georgia does, which raises the question of the geographical definition of Europe. In addition to these legal rules, membership is conditional on the Copenhagen criteria, set by the European Council in 1993. [...]
[...] The sovereign can self-limit. With this definition, the sovereign is not the one who decides everything, but the one who decides who does what. Sovereignty is the control of the distribution of powers. This is in any case the definition of Hugo BÖLHAU "Competence of Competence". Article 78 of the Constitution of the North German Confederation of 1867 provides that the power of revision is held by the Bund. The sovereign does not necessarily have to deal with a lot of things; he has the power to delegate. [...]
[...] Given the number of memberships, we speak of multispeed Europe or variable geometry Europe. Freedom of withdrawal of Member States Implicit right of withdrawal until 2009 Generalization of the referendum practice, at least in the candidate state. We wonder if Article 46 of the TEU should not impose it, as well as for withdrawal. In the name of 'an ever closer union between the European peoples', some lawyers consider that the TEU is for an unlimited duration. A member state cannot be blocked against its will, otherwise it is no longer sovereign. [...]
[...] Critique of the sovereignists: the incoherence of their statements. They say that if a new treaty of deepening is signed, it's the end of French sovereignty. But they say the same thing every time. Definitions of sovereignty Theoretical definition of sovereign power The author of reference for sovereignty is Jean Bodin, lawyer of Charles IX and Henri III, who publishes in 1576 the 6 books of the Republic. Bodin theorized the strengthening of royal power against the lords. This is a power ab soluta, without limit or division. [...]
[...] Article 88-1 since 1992 of the Constitution of the 5th Republic provides 'the Republic participates in the European Union constituted of states that have freely chosen, in accordance with the treaties that established them, to exercise in common certain of their competences.' Decision 2004 of the Constitutional Court of Karlsruhe: 'The Basic Law pursues the goal of integrating Germany into the community of liberal and peaceful states, but it does not renounce sovereignty [ . ] European integration takes place under the condition of national sovereignty.' In 2009, the Karlsruhe Court confirms after Lisbon that Germany remains a subject of public international law. Member states remain sovereign within the EU. [...]
