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L'influence de la construction communautaire sur la constitution française

Abstract : The Constitution, taken in the most generally understood definition of supreme nationalauthority, is continuously evolving with the increasing structural complexity of the Europeancommunity . Such findings are in evidence not only in the material content and the normativestandard of the first degree but also in its purely formal aspect and its essence.To be persuaded this is happening, it is enough to look at the numerous constitutionalamendments brought about under the pressure of European integration.The tenet calls to mind a normalization of the national constitutions of member states into theframework of the European constitution .In this perspective, one has to ask through an evolutionary comparative step, whether thesechanges are being effective and the consequences they will have on the shaping andacceptance of the French Constitution.Is it still possible to think of the exclusive possessionof sovereignty when faced with the European Union transferred sovereignty rule.Is it truly legitimate and legally right to continue to perceive the constitution from its originalnational foundations. In other words and in a more radical way, can the concept ofConstitution be linked to a traditional and sole meaning as originating from a nationalprerogative.Faced with European uncertainties, whose legal supremacy has been put into question, onehas to go beyond the fundamentally traditional framework towards the building of a newconcept of "Constitution" which supersedes the main definitions as accepted to the presenttime.
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Submitted on : Friday, August 29, 2014 - 1:57:08 PM
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  • HAL Id : tel-01059135, version 1



Anne Wlazlak. L'influence de la construction communautaire sur la constitution française. Droit. Université d'Avignon, 2013. Français. ⟨NNT : 2013AVIG2036⟩. ⟨tel-01059135⟩



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