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
SUMMARY

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.... (see full summary)

 
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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.

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