CYIL vol. 8 (2017)

DAVID SEHNÁLEK Ondrej Hamuľák

CYIL 8 ȍ2017Ȏ

National Sovereignty in the European Union. View from the Czech Perspective. SpringerBriefs in Law, Springer: 2016, 95 pp

[Národní suverenita v Evropské unii. Pohled z české perspektivy.]

The objective of the publication being reviewed is to present the paths of harmonisation between Czech sovereign statehood and participation in the European integration project. This seems to be a credible goal for an author who deals with sovereignty in the European context in the long term, with considerable professional dedication. At the same time it promises a high-quality publication on a topic that has never been approached so comprehensively in Czech literature. The factual part of the publication starts with chapter two entitled “ Constitutionalism Beyond the State ”. Here, Hamuľák defines the starting points for his further research. This chapter thus forms the basis of the publication, which is further developed in the following chapters. Hamuľák concentrates on certain specific features of the European Union – an international organisation that behaves as a federal State in many respects. Hamuľák’s interest is therefore focused on the supranational principle and its basic manifestations, mainly in the sphere of law. This is why this part of the text recalls the basic decisions taken by the Court of Justice of the EU – decisions through which the Court “emancipated” EU law from international law and subsequently formulated the principles of EU law’s application in the Member States. EU law is indeed special in this respect and the European Union can hardly be regarded as a simple international organisation. On the other hand, it always occurs to me in this context that this approach may be unilateral and somewhat egocentric. The question is whether what we perceive as unique is seen the same way also elsewhere, i.e. outside the European area. Therefore, I consider it important that Hamuľák reflects these doubts when saying that “ European region has entered into post-Westphalian period” . According to my opinion, all the specific features of EU law and the European Union can also be explained on the basis and within the limits of international law. 1 The practice of international law and the approach of non-Member States are not uniform. In some cases, the specific features of the European Union are taken into account 2 while in others they are disregarded. 3 Hamulák should be appreciated for not viewing things merely from the perspective of the Court of Justice of the EU, which is a biased one as it quite logically supports the idea of EU 1 To support such perception of the European Union, see, for example, MOORHEAD, T., European Union Law as International Law , European Journal of Legal Studies , Vol. 5, Issue 1, 2012, pp. 126-143. 2 For example, as regards the European Union’s relationships within the World Trade Organization. 3 Which was for example case of the Convention for the Protection of Human Rights and Fundamental Freedoms. In order for the European Union to become a contracting party to this convention, a special provision had to be adopted which was executed by Protocol No. 14 to this convention, otherwise only states, not international organizations were allowed to become party to this convention.

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