The ongoing internationalization of constitutional law in Europe and the boundaries of national sovereignty

Mikić, Vladimir (2024) The ongoing internationalization of constitutional law in Europe and the boundaries of national sovereignty. In: International scientific thematic conference From national sovereignty to negotiation sovereignty "Days of Law Rolando Quadri", Belgrade, 14 June 2024 : thematic conference proceedings of international significance. Institute of Comparative Law ; University "Niccolò Cusano",, Belgrade; Rome, pp. 245-254. ISBN 978-86-82582-18-2

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Abstract

Internationalization of constitutional law is in progress in Europe as it is in most of the legal systems throughout the world. It has been occurring in various practical forms, such as the inclusion of case law of international and regional courts into national legal systems. However, from the strictly constitutional point of view, other diverse manifestations of internationalization of constitutional law in Europe have appeared. In the first place, they include the implicit introduction of the particular normative standards set by the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols directly into constitutions. Although the tendency of limiting national sovereignty in the area of protection of basic rights and freedoms is not new, a dilemma remains whether this method, widely used, is the most appropriate one, taking into account the importance of protecting the concept of the dignity of the constitution.

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