MULTILEVEL CONSTITUTIONALISM AND ITS IMPACT ON THE PROTECTION OF NATIONAL SOVEREIGNTY – TRENDS, CHANGES AND RESERVATIONS
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Abstract
The concept of multilevel constitutionalism represents one of the most remarkable effects of globalisation on constitutional law. The relations between states, regional and global international organisations have reached an era where the interaction between actors at different levels is inevitable. The convergence of constitutional solutions, particularly in the area of the protection of fundamental human rights, is one illustration of this. However, the emergence of international organisations—created to achieve common objectives—does not mean that states have relinquished their sovereignty. Thus, competences transferred to the international level can only be exercised to the extent of the delegation. In recent years, states have developed mechanism to protect their competencies against the potentially expansive exercise of powers by international organisations. In addition, the democratic legitimacy of decision-making at international level can be also questioned. As these decisions are not taken by national parliaments but by international bodies, it is worth examining the emergence of a democratic deficit and how it might be addressed. This contribution seeks to explore all these issues, with a particular focus on the specificities concerning the European Union.
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