Fondata da Bruno Leoni
a cura del Dipartimento di Scienze politiche e sociali
dell'Università degli Studi di Pavia
Editrice Giuffrè (fino al 2005)
dal 2006 Editrice Rubbettino
dal 2019 Editrice PAGEPress

Abstract


Autore:
Montani Guido

Titolo:
"Lo Stato sovranazionale. Ordine cooperativo e ordine coercitivo nell´esperienza europea"

According to the doctrine of political realism a supranational state is a contradiction in terms. The nation state is a sovereign body and a state of nation states is impossible, because only nation states have the sovereign power to declare war and peace. According to Carl Schmitt a peaceful word, in which the distinction between friends and foes is abolished, is the end of politics itself. However, the European experience shows that the pooling of national sovereignties to form supranational institutions is possible. Observing that the European Union evolved, without major institutional changes, from the original federal core of 1950, the Author maintains that the EU represents a first experiment of a supranational state, still open to further progress. On the basis of Max Weber’s the classical definition of, we can say that the state is a specific organisation, which, thanks to coercive lawful powers, is capable of providing its citizens with public goods. From that point of view, since the European Union provides the European citizens with a single market, a single money and other public goods, we can argue that the EU has some of the specific features of a supranational state. Moreover, considering that the European Parliament has obtained a co-legislative power on many issues and that the European Court of Justice has the power of making the European laws prevail over national laws, one can also say that the European Union has many features of a Federal state.