Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.
Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long seen as entirely inseparable from the State. Does this mean that Emmanuel Macron in his calls for “sovereign Europe” is, in fact, campaigning in favor of turning the EU into a State? Or is he, in his political fervor, simply committing a category error? This Insight argues that neither is necessarily the case. The EU can be sovereign, without being a State.
Keywords: European Union – territorial sovereignty – functional sovereignty – constitutionalism – pluralism – sovereign Europe.
* Professor of European Law, New University, firstname.lastname@example.org.