Supranational union

The term supranationalism ( from Latin supra, "above", and national, "people" or " State"), rare synonymous supranationalism, featuring a level above the nation or the nation-state. Supranationalism is in particular a concept of international law and political science, specifically the doctrine of international relations. It means a shift of legal powers of the nation-state to a higher standing level, which is also known as a supranational organization. Such a plane, or organization may also take binding decisions, if not all members agree. The alternative to cooperation of States in the form of supranational organizations is the interaction of states according to the principle of intergovernmentalism: It only looks an intergovernmental cooperation of the governments in without content and space to deepen and institutionalize.

Characteristics

The idea of supranational decision-making processes is not new and is already found in philosophers, jurists and statesmen of the 18th and 19th centuries. Nevertheless, Robert Schuman and Jean Monnet regarded as fathers of supranational integration theory.

• Autonomous law - The term supranational was coined in regard to the European Communities and applies since the Treaty of Lisbon for the European Union ( EU). From conventional international law international (Latin for " interstate "), coalitions of states ( eg WTO or UN) is a supranational organization is distinguished by its autonomous legal order. Nevertheless, supranational organizations differ fundamentally from States. You have no original jurisdiction (competence - competence), their expertise is based instead on the transfer of sovereign rights by the Member States (so-called derivative or "derivative " jurisdiction ).

• Primacy of supranational law - characteristic of supranational organizations is especially the ability to adopt acts that unfold directly law effects on natural and legal persons in the Member States. In this case, the supranational norms prevailing opinion comes to application priority over national law. Unlike international law, the supranational law against Member States that violate their contractual obligations, the court sanctioned and enforced (eg by action before the Court of Justice of the European Union). Due to the direct effect of supranational law, any natural or legal person may, in violation of the law of the supranational organization claim damages. In the European Union, damages may be obtained in the course of state liability especially when policies have not been implemented or not in time and the Directive is not directly applicable (no objective applicability, engaging in third-party rights ).

The supranationalism of the European Union is particularly evident in those areas where the Community method is applied, which is independent of the national government bodies such as the European Commission and the European Parliament have substantial legislative powers. There are also in the EU ( more ) intergovernmental organized areas such as cooperation in the European Council and the Common Foreign and Security Policy, where decisions are taken unanimously by the governments of the Member States and usually only stop them.

Examples of supranational organizations

Examples of supranational organizations are the European Union and the European Atomic Energy Community, the African Union, the Association of Southeast Asian Nations, the Caribbean Community, the Andean Community and the Common Market of South America. The oldest organization is the European Coal and Steel Community ( ECSC ), existed until 2002, since their existence was contractually limited to 50 years. The European Community has risen by the Treaty of Lisbon on 1 December 2009 in the European Union.

Supranational organizations are characterized by a strong and balanced organizational structure and through a narrow legal bond between its Member States. Integration systems such as NAFTA and DR -CAFTA that put more on negotiation and flexibility in their contracts, its supranational integration model reject explicitly and pull the intergovernmental ago.