Transfer of sovereign powers: main models

The cornerstone of national constitutions is the idea that sovereignty is vested in the people. Accordingly, national constitutions establish the pouvoir constituant's agreement as to how sovereign powers are distributed and exercised in the state, and embody the idea that no supreme power can be imposed outside the constitutionally established mechanisms. The first exception to this principle was the application of international law in internal legal orders: the Permanent Court of International Justice established in its Wimbledon decision of 1923 that obligations undertaken by states under international treaties do not harm sovereignty but are its attribute. In 1951, a number of European countries decided to yield sovereign powers to supranational institutions by creating the European Coal and Steel Community. To legitimise such a step, France, Germany and Italy relied on the provisions permitting limitations of sovereignty or the transfer of sovereign powers to international organisations, which had been introduced in the post-War constitutions. The Benelux countries introduced similar provisions some years after entering into ECSC or EEC. As new treaties were concluded and more countries joined, the picture of constitutional authorisation for European integration became more diverse. In particular, the Maastricht Treaty led in many countries to the introduction of provisions on transfer of powers to the EU, and to amendments concerning various specific aspects of EU membership.