A concepção ideológica e individualista da soberania como obstáculo à integração comunitária européia

Abstract

The European Union is an integration project that became reality due to a set of variables, being notable by a formation of a proper Law, sui generis, which delineates a complex project based on the redefinition of the old national sovereignty in a process that allows the transference of historically rooted abilities in the State sphere, supporting itself in the basis of European Community Law - the foundation of this reorganization. This framework politicjuridic developed and it has changed into a superior authentic Law, and not tied by the national legal systems. In this way, as already said, supported by the European Community Law, the European Union, has been constructing its own jurisprudences, under the vigilance of the Court of Justice of the European Communities - CJEC -, complexed instrument, composed of diverse Law sources, which creates a proper legal system to the States-members. The research however, demonstrate it as a source of integration process, which regulates the principles that regulate the relations established between the community and its States, at the same time it develops legal-procedure mechanisms that stimulate the fulfilment of its norms by the State-members. However, exactly ahead of the basic principles the European Union came cross with problems of politic and legal order, having to invent itself, and to search a conceptualization to become understood; it has been born from an improbable miracle, the European Union brings only partial answers to the mundialization. In this direction, the EU promoted the idea of a new sovereignty, not interpreted in absolute direction, but as dependent of the regional jurisprudence. The object of the dissertation it s to demonstrate, by means of analysis of the sovereignty and the forms that these concepts are treated with regard to the possible legal natures (federalism, confederation, organizations of Public International Law), the impossibility to precisely demarcate its nature with subsidies in the emanated problems of the supranationality. In this direction, the research suggests that the Statesmembers sovereignty should be more flexible, in the regional perspective. Thus, the classic, emblematic paradigm in national society it is symbolized in the State-Nation, While it develops, the globalization confers new meanings to the national society, reveling the State- Nation as a problematic and contradictory historical process, since it is no longer defined by the sovereignty, and it has changed radically, becoming to be part of the new global society. Thus, the European Union it is one of the most advance expressions of the supranational integration, under the greatest multicultural sensibility.