Sovereignty And Integration Paradoxes And Development Within Europe Today

Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.

With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions

European Integration outlines in empirical detail the mysteries and paradoxes of European integration. It challenges the convention of studying individual aspects of EU policymaking in isolation from the wider whole and situates the EU within the broader conceptual universe of the changing nature of the state in Europe.

This volume assesses the implications of membership in the European Union for countries’ understanding of the concept of sovereignty, based on the perspective of the Czech Republic. The starting point of this work is acceptance of the Czech Republic’s membership in the European Union as a basic fact. The goal of the analysis presented here is to offer a theoretical approach to reconciling state sovereignty with the participation of the Czech Republic in the European integration project. To do so, the book pursues an in-depth analysis of the reactions of the Constitutional Court of the Czech Republic to the challenges associated with membership in the EU. Above all, it addresses the following two basic research questions:1. Is membership of the state in the European Union associated with a loss of sovereignty, a sharing of sovereignty, or does it have no real consequences for the scope or understanding of the concept of state sovereignty, such that the phenomenon remains a classical, static and defining element of the state?2. How does the Czech Constitutional Court deal with the specific characteristics of European Union law and what is its stance on the nature of the relationship between supranational and national law?

Transnational connections are a defining feature of contemporary Europe. They include cross-border economic and cultural exchange, migration, and political activism. This volume probes their political and social significance and makes a case for incorporating transnationalism more systematically into the research agenda of European Studies.

Changing Borders in Europe focuses on the territorial dimension of the European Union. It examines the transformation of state sovereignty within the EU, the emergence of varied self-determination claims, and the existence of a tailor-made architecture of functional borders, established by multiple agreements. This book helps to understand how self-determination pressures within the EU are creating growing concerns about member states’ identity, redefining multi-level government in the European space. It addresses several questions regarding two transformative processes – blurring of EU borders and state sovereignty shifts - and their interrelations from different disciplinary perspectives such as political science, law, political economy and sociology. In addition, it explores how the variable geographies of European borders may affect the issue of national self-determination in Europe, opening spaces for potential accommodations that could be compatible with existing states and legal frameworks. This book will be of key interest for scholars, students and practitioners of EU politics, public administration, political theory, federalism and more broadly of European studies, international law, ethnic studies, political economy and the wider social sciences.

The European Union beyond the Polycrisis? explores the political dynamics of multiple crises faced by the EU, both at European level and within the member states. In so doing, it provides a state-of-the-art overview of current research on the relationship between politicization and European integration. The book proposes that the EU’s multi-dimensional crisis can be seen as a multi-level ‘politics trap’, from which the Union is struggling to escape. The individual contributions analyze the mechanisms of this trap, its relationship to the multiple crises currently faced by the EU, and the strategies pursued by a plurality of actors (the Commission, the European Parliament, national governments) to cope with its constraints. Overall, the book suggests that comprehensive, ‘grand’ bargains are for the moment out of reach, although national and supranational actors can find ways of ‘relaxing’ the politics trap and in so doing perhaps lay the foundations for more ambitious future solutions. This book, dedicated to the exploration of the political dynamics of multiple, simultaneous crises, offers an empirical and theoretical assessment of the existing political constraints on European integration. Analysing domestic and European political reactions to the EU’s polycrisis and assessing how EU institutions, national governments and broader publics have responded to a new era of politicization, The European Union beyond the Polycrisis? will be of great interest to scholars of European politics and the EU, as well as professionals working in EU institutions, national administrations and European advocacy groups. The chapters were originally published as a special issue of the Journal of European Public Policy.