What does ‘European Sovereignty’ mean?

Abstract

Since some time the call for a “European sovereignty” has gained momentum. Especially the French President Macron has strongly pleaded in its favour. According to him Europe should shape its own destiny; it should adopt “the role of a rule-maker, not a rule-taker”. However, any strengthening of the EU’s role, be it in the field of economy, social affairs or geopolitics, presupposes the conferral of new competencies on the Union including a decisive answer to the question who, a European organ (European Court of Jurisprudence) or the relevant organ of the member State (e.g., Constitutional Court) should have the final say regarding competence conflicts. The issue is discussed taking into account the jurisprudence of the German Federal Constitutional Court and the recent reactions of the European Court of Justice through its judgments in Hungarian, Polish and Rumanian cases. In conclusion it is argued that “European sovereignty” is a political term not being helpful to solve legal problems.