The Transfer of State Sovereignty: Analysis of Constitutional Change in Macedonia during the EU Accession Process

• Author: Abdula Azizi
• Position: Associate Professor, PhD, South East European University, Republic of Macedonia
• Pages: 38-44

European Integration - Realities and Perspectives 2014

38

The Transfer of State Sovereignty: Analysis of Constitutional Change in

Macedonia during the EU Accession Process

Abdula Azizi

1

Abstract: This paper will focus on the need for constitutional changes, and what states must do as a result of

their accession to the European Union (EU), according to the rules for admission. Each country has to decide

for itself how to identify or create a constitutional basis for membership, limiting its own sovereignty by

authorizing the application of sources of EU law within its own legal system. This means t he overall

preparation for accession and membership, i.e. a provision permitting the transfer of sovereign powers to the

EU. So while Macedonia has been a candidate-country for EU membership since 2005, it is logical to analyze

the need for the changes to be made, as well as further activities of the state in the process of euro-integration.

Since EU membership requires a number of changes which the state should undertake, in this paper the

provisions of the current Macedonian Constitution are analyzed, which are questionable and need revision,

according to the principles of supremacy and the direct implementation of EU legislation in n ational

legislation. Finally, I draw some conclusions and make some suggestions.

Keywords: constitutional changes; sovereignty transfer; European Union

1. Introduction

Membership in the European Union requires a series of constitutional changes. States, which adhered

to the EU, made constitutional changes needed to enable the unimpeded implementation of EU law in

national legal systems. In this regard states met their constitutions with new provisions intended

European Union, but also changed and adapted those provisions which limited territorial sovereignty

only in the framework of their state. In this regard states in their constitutions, predicted separate

provisions concerning international organizations. They devoted a special attention the EU, due to the

specifications, which relate to the right of the EU, while also devoted attention to the provisions

relating to the procedure of ratification of the accession treaty, and provisions for organizing the

referendum on EU membership. This paper analyzes the experience of member states, which

harmonized their constitutions making the proper transfer of powers to the EU. Also, will be analyzed

changes needed to be made in the Constitution of Macedonia, on the transfer of sovereignty to EU

institutions.

2. The Transfer of Sovereignty

EU institutions, namely the European Commission during the negotiations for the different chapters,

does not suggest candidate countries any concrete model for constitutional change, but suggests how

to overcome certain shortcomings in the system as a condition to close any negotiating chapter.

1Associate Professor, PhD, South East European University, Republic of Macedonia, Address: Ilindenska bb 1200 Tetovo,

Republic of Macedonia, Tel.:+38944356132, Corresponding author: a.azizi@seeu.edu.mk.