2023

chapter in monograph

english

EN Small states, including Central European ones, are formally subject to the same limitations and have the same powers as larger states. Of decisive importance here will be the sovereignty that belongs to them – starting with internal sovereignty and, as a result, also external sovereignty – manifested in the international arena. Sovereignty is defined in the first instance in the acts of self-determination of individual states – legal acts of constitutional rank. It is also confirmed by international regulations, which, as a rule, all participants in international life are obliged to respect, so not only states, but also international organisations, including the European Union. The actions of the EU administration and the broader EU bodies (including the judiciary) aimed at the creation of a „superstate” are not grounded in EU primary law – the member states, when joining the Union (Communities), did not agree to such actions, to such a goal. Since individual states have sovereignty, including externally, only their will determines the extent of the powers transferred to the international organisation. States – regardless of their size, and therefore also small states – express their will, including those leading to a limitation (most often to the extent necessary, and therefore minimally necessary) of their sovereignty (in favour of the organisation) by concluding membership treaties and in the course of functioning within the organisation. However, they always do so on the basis of law – international, EU, but also domestic (internal) law, which, by virtue of state sovereignty, is binding to a fundamental (constitutional) extent in interstate relations. Not only does the principle of pacta sunt servanda apply here, but also – especially during the transfer of powers – nemo plus iuris in alium transferre potest, quam ipse habet. It is in accordance with the scope defined in acts of constitutional rank that states enter into international agreements – the constitutions of the Czech Republic and Slovakia, for example, make this clear. Nevertheless, despite the lack of a fundamental distinction between the formal position in international (and supranational) relations of states of different sizes, as it were, small Central European states must base their functioning in the international space to a large extent on formal and informal alliances. Also, in the case of the European Union’s homogenisation efforts. Hence, an important role may fall to the Three Seas Initiative and the Visegrad Group.

12.12.2025

89 - 104

Small states within the European Union : challenges - dilemmas - strategies

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