engleski

Towards an Increased Responsibility of Member States for Functioning of the European Union

The paper is organised in the three parts. In the first part, I will quickly skim through the general places of the formative period of Community law in an attempt to show that identity of the Union was originally construed in opposition to national identity of the Member States. In the second part I suggest that evolution of the European legal order enabled the Member States to exercise more regulatory flexibility and at the same time increased their responsibility for application of Community/Union law. This is exemplified by (a.) stronger accentuation of the indirect effect of Community law, (b.) stronger accentuation of the margin of appreciation allowed to the Member States, and (c.) shift of the focus of judicial scrutiny of the European Court of Justice from sweeping to functional (market access) review. In the third part I suggest an answer to the question how the mentiond shifts in the EU law affect the choice of Croatia's constitutional basis for membersip of the EU. I conclude with suggestion that an entirely new constitutional basis for accession should be introduced.

European Union; Member States; Constitution; Court of Justice

U tisku