L'état-nation et la supranationalité européenne en droit constitutionnel français :

Abstract : At the threshold of the 21st century European Union gives a renewed sens of the concept of supranationality. This concept, basic aspiration as well as a perfectible principle of which end is integration, constitutes a dominant feature of European framework reflecting its sui generis nature. The concept of supranationality presupposes a complete legal system superposed to that of other member countries expressing the will peculiar to European identity. It is via the coming together of the States which this concept creates, that it reveals a social solidarity propicious to the development of a public system of values and to the advent of a global support that the organization needs to bloom. The original aspect of the supranational nature, as a new form of political organisation, is mainly the result of the relationships it has with States, and furthermore, with the individuals who are its subjects and whose common good is its objective. It is in European commitment the Nation-State finds the means of reinforcing itself. The constitutionalisation which brings to light the double aspect of the concept of national sovereignty, renders the State a mere instrument in the service of the nation. The Nation-State endows a status, which constitutes a kind of supranational conditioning, that proves the compatibility of the two legal systems. The adaptability shown by the Nation-State is by no way a sign of atrophy of its original principle of unity. The constitutional integration of supranationality gives the opportunity of consolidating its essence while reasserting the intangibility of its political unity. The respect of national membership and of the link between an individual and its nation seem to be the primary conditions on which depends the efficiency of the supranational traits. The individual, who is the ultimate subject of the supranational action as well as the source of its legitimacy, is the one through whom European organisation finds its raison d'être.
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Virginie Noblecourt. L'état-nation et la supranationalité européenne en droit constitutionnel français :. Droit. Université Nancy 2, 2002. Français. ⟨NNT : 2002NAN20001⟩. ⟨tel-01776417⟩

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