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BukuLegal Analysis on The State Sovereignty Under The European Union
Bibliografi
Author: WAHYU P., NATASHA GUSTI ; Puspita, Natalia Yeti (Advisor)
Topik: The European Union; State Sovereignty; Directives; Hukum Internasional
Bahasa: (EN )    
Penerbit: Fakultas Hukum Universitas Katolik Indonesia Atma Jaya     Tempat Terbit: Jakarta    Tahun Terbit: 2012    
Jenis: Theses - Undergraduate Thesis
Fulltext: Natasha Gusti Wahyu's Undergraduate Theses.pdf (980.34KB; 32 download)
Ketersediaan
  • Perpustakaan Pusat (Semanggi)
    • Nomor Panggil: FH-3477
    • Non-tandon: tidak ada
    • Tandon: 1
 Lihat Detail Induk
Abstract
Sovereignty has been redistributed in the European Union.Member States voluntarily grant part of their sovereign rights which are now shared by those governments and by the institutions of the European Union which are regulated by the provision in the Treaty of European Union (TEU) and The Treaty on the Functioning of European Union (TFEU) commonly known as the Treaty of Lisbon. The EU regulates the issue of sovereignty in the provisions concerning the principle underlying the relationship between the EU and the Member States. The Principle of proportionality is defined in Article 5(1) TEU , Article 5(3) TEU provides a definition of the principle of subsidiarity and The principle of conferral is defined in Article 5 (2) TEU . This means that the Union’s decision making powers are limited. Consequently, this organization is not in principle empowered either to act within new substantive areas not explicitly covered by the Treaties.The reality,however, is that while the UK is a member of European Union, the constitutional doctrine of Parliamentary sovereignty cannot be relied upon in the face of directly enforceable rules of Union law through the case of Factortame.Therefore,by signing the European Communities Act in 1972 which had a consequences on the UK that all legislative acts which have any conflict between Union law and subsequent UK national legislation should be resolved in favor of the former on the grounds of supremacy of EU law.
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