National (State) Security – Treaty Determinants

Justyna Kurek
European Research Studies Journal, Volume XXV, Issue 2, 160-171, 2022
DOI: 10.35808/ersj/2913


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.

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