The nation state in the European Union legal order : has it survived?

Abstract

When the subject of the nation state crops up for discussion against the backdrop of over 40 years of European integration, the two exclamations I have just expressed are considered, in our day and age, to be common fare. These two ideologically generic and rather simplistic sentiments constitute the scenario for political crossfire between two opposing factions which have now taken their firm positions on the battleground which is Europe. Indeed, the choice of war metaphors here might be considered as both ironic and anachronistic. Ironic, because even the most ardent Eurosceptic would be prepared to concede that the European integration formula originally intended to rule out forever the possibility of war between the partners, undoubtedly managed to do just that. Anachronistic because the energies of world powers, particularly following the collapse of the Berlin Wall in 1989, seem to be channelled and constructively engaged in an on-going exercise for the achievement of peace and economic stability among nations-hence, the very antithesis of belligerence. [excerpt]