The concept of “sovereignty”, though often dismissed, remains central to public law and continues to shape legal debates. In Europe, sovereignty appears paradoxical: both the European Union and Member States claim portions of it, linked to treaty-defined competencies. This notion of “shared sovereignty” has proven problematic, not only in theory but also in practice, especially when tested by internal policy challenges and global crises. Such situations expose the risks of a narrowly conceived understanding of sovereignty. Drawing on classical Staatslehre, this chapter argues that the core meaning of sovereignty – rex superiorem non recognoscens – has not fundamentally changed. Revisiting this traditional concept may help reframe contemporary debates and strengthen the European constitutional order. By grounding sovereignty in its enduring essence, it becomes possible to rethink the European legal space in a way better suited to crises and to the development of a common European legal identity.
Sovereignty Renewed: The Most Pressing Cultural and Legal Challenge for Tomorrow’s Europe / N. Nobile - In: Challenges for Europeanness in an Age of Global Crises : Initiatives for a Responsible, Open, and Progressive Europe in the 21st Century / [a cura di] K. Miłkowska-Samul, A. Bareja-Starzyńska. - Warsaw : Dom Wydawniczy Elipsa, 2025. - ISBN 978-83-8017-617-1. - pp. 13-22 (( Challenges for Europeanness in an Age of Global Crises Varsavia 2024.
Sovereignty Renewed: The Most Pressing Cultural and Legal Challenge for Tomorrow’s Europe
N. Nobile
2025
Abstract
The concept of “sovereignty”, though often dismissed, remains central to public law and continues to shape legal debates. In Europe, sovereignty appears paradoxical: both the European Union and Member States claim portions of it, linked to treaty-defined competencies. This notion of “shared sovereignty” has proven problematic, not only in theory but also in practice, especially when tested by internal policy challenges and global crises. Such situations expose the risks of a narrowly conceived understanding of sovereignty. Drawing on classical Staatslehre, this chapter argues that the core meaning of sovereignty – rex superiorem non recognoscens – has not fundamentally changed. Revisiting this traditional concept may help reframe contemporary debates and strengthen the European constitutional order. By grounding sovereignty in its enduring essence, it becomes possible to rethink the European legal space in a way better suited to crises and to the development of a common European legal identity.| File | Dimensione | Formato | |
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