National (State) Security – Treaty Determinants

Justyna Kurek

doi:10.35808/ersj/2913

War Studies Academy

PL EN

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Title

National (State) Security – Treaty Determinants

Authors

Justyna Kurek (WBN) ^{[ 1 ][ 6.3 ][ P ]}

^{[ 1 ]} Instytut Bezpieczeństwa Państwa, Wydział Bezpieczeństwa Narodowego, Akademia Sztuki Wojennej | ^{[ P ]} employee

Scientific discipline (Law 2.0)

[6.3] Security studies

Year of publication

2022

Published in

European Research Studies Journal

Journal year: 2022 | Journal volume: vol. XXV | Journal number: issue 2

Article type

scientific article

Publication language

english

Keywords

PL

Aksjologia
Bezpieczeństwo narodowe
Prawo
Obronność państwa
System obronny państwa
Unia Europejska (UE)

EN

European Union
Law
National security
State defence system

Abstract

EN Purpose: The aim of the article is to recognise the values, objectives and legally protected goods that should determine the boundaries of autonomy and sovereignty of a Nation State in the aspect of alliance commitments and superiority and precedence of the common policy and objectives of the European Union. Design/Methodology/Approach: The following methods were used in the study, literature analysis, UE and national provisions analysis. Findings: The concept of national security is a non-normative term. In accordance with the EU jurisprudence it is left to be specified in the national systems of the Member States. This concept is at the same time the border point between the sphere of exclusive legislative competence and a specific dominion of Nation States. The specification of national goals is carried out in the spirit of values and axiology of the common EU environment, taking into account historical conditions and existential threats to a given Nation State. Despite the tendency to unify national goals in the global multicultural society of the 21st century, it is still crucial to set boundaries and search for referents for the concept of national (State) security. It is justified to emphasise the national context and the use of the concept of national (State) security, even indicating which State is meant. Practical Implications: The analize shows a tendency to perceive its conceptual boundaries broadly as strongly determined by current priorities and vital national interests, as well as historical background and geopolitical situation. Although being a border point of the sphere of the exclusive legislative competence and dominium of Nation States as members of the European Union, the concept has not been defined in EU law. Originality/Value: The study contributes to the discussion on borders of national (states) security.

Date of online publication

2022

Pages (from - to)

160 - 171

DOI

10.35808/ersj/2913

URL

https://www.ersj.eu/journal/2913

Comments

JEL codes: Y9 state security, K49 national law. Bibliografia, netografia, wykaz aktów prawnych na stronach 170-171.

License type

CC BY (attribution alone)