The issue of national sovereignty raises numerous controversies, in the context of the constant internal and international political and conjuncture changes, with a sovereign state today being quite different from the one existing at the beginning of the 20th century. Given that the Europe Union was established as an international organization with decision-making powers superior to those of the state, absolute national sovereignty has undergone a significant reduction, as each state is obliged to respect the sovereignty of other member states, as well as the norms of community law.

     Therefore, the relationship between the legal-political entity’s law and the states that make it up is caracterized by a special nature of subordination, falling upon the latter.

  The status of being a member of the European Union

      Currently, the European Union is open to the accession of other states, provided they meet the accession criteria outlined by the Council of Europe in 1933, in Copenhagen:

• Political criteria: institutional stability, democracy, rule of law and protection of human rights;
• Economic criteria: the existence of a functioning market economy capable of withstanding competitive pressure and market forces at the level of the European Union;
• Legal criteria: the ability to assume the obligations associated with EU membership, including the acceptance of the objectives of the political, economic and monetary union.

     This accession procedure consists of three stages, all of which must be approved by all states from the moment of the initiation: notification of the possibility of becoming a member, obtaining the official status of candidate country and the initiation of formal  accession negotiations, after which the procedures for adopting the current laws of the European Union are agreed upon. After completion of the negotiations, the agreed measures are integrated into an Accession Treaty, which is ratified at the level of the acceding state, in full compliance with constitutional law norms.  

European identity-  the foundation of rethought national sovereignty?

     European integration represents a progressive, sectoral procces that involves the constant  transfer of powers from states to supranational authorities. Thus, the limitation of national sovereignty implies the existence of restrictions in the exercise of state sovereignty, in the sense that previously exclusive competences will be transferred to community institution, without being carried out by the state individually.

      Also, holding a European identity can internally mean the existence of constitutional changes, considering that the previous of the founding treaties of the European Union, as well as other binding community regulations, take precedence over conflicting provisions in domestic laws.

• In the European context, states have the ability to reach a viable compromise whenever a major conflict arises, based on the idea of the primacy of the Union’s interest over the national interest.

      In order to establish the external legislative framework of the present report, sovereign states are obliged to consult with other members within the Council of Europe before taking any action on the international stage or assuming any commitment that affects the interests of the Union. 

• States conduct their own foreign policy, with the mechanisms and activities of the Union being designed on this foundation of congruence and for this purpose.

National sovereignty of Romania- an evolutionary process from the perspective of European integration

      Romania has successfully integrated into the European Union and since 2007, it has been undergoing a continuous reform process in line with European standards, aiming for convergence in economic, political and administrative areas. In this context, the role of public authorities is changing:

• The Parliament legislates the foundations of community law by transposing European directives at the national level;
• The Government benefits from new responsibilities, allowing its participation in international negotiations and the drafting of Union documents, based on proportional representation within the  7  Institutions, with the corollary being the organization and concrete implementation of the provisions of community law.

       At the same time, Romania’s accession to the European Union marked the redistribution of national sovereignty through the delegation of certain competences to the latter, competences that take three forms:

• Exclusive competences: The European Union is empowered to act, through decisions, in areas such as: customs union, common commercial policy and international agreements;
• Shared competences: The Union can legislate in specific areas, with the aim of equalizing and maintaining international balance, including: the internal market, cooperation for community aid and social policy;
• Delegated competences: Its intervention can take place to support, coordinate and complement the actions of member states in sectors such as: industry, civil protection and education.

Conclusion

        Accession to the European Union can be interpreted both as an interference with the state’s sovereignty and as a benefit in terms of economic, social and political development. Therefore, each member state temporarily delegates the exercise of certain sovereign powers to a transnational political structure, acting in common interest and under joint control.

        In this unified framework, each state retains the right of initiative, control, refusal and withdrawal, in the event that the European Union violates its national interests and strategic autonomy.

Dogaru Andreea-Elena

Intern juridic la R&R Partners