CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES

Zhanna Zavalna, M. Starynskyi
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Abstract

The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
超国家实体中主权的契约委托
本文分析了欧盟建立和实施国家主权的协议基础。该研究旨在研究欧盟成员国在乌克兰成为欧盟成员国的过程中为其创造稳定地位所使用的基于协议的监管。通过调查发现,各成员国在经济、社会领域的权力并没有转移,而是进行了委托。对有关欧洲联盟建立和运作的条约的分析证明了各国在加入条约联盟时同意的具体组织和法律干预措施的存在。以协议为基础的欧盟与成员国之间的权力重组,使成员国之间在签订协议方面获得了特殊的法律人格,同时在与非欧盟成员国的关系中保持了完全的经济主权。当加入欧盟时,其成员国自愿并在协商的基础上同意在其经济中约束某些限制和禁令。此外,与保护成员国的国家利益相比,欧共体条约对经济共同体的利益提供了更好的保护,尽管不排除在将成员国的国内法纳入欧盟立法时可以考虑后者。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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