Constitutional Debate on European Union’s Shifting Pathway towards Supranationalism

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Muhammad Bahrul Ulum
Sripathi Dwarakanath
Gautama Budi Arundhati


The rapid evolution of the European Union (EU) has suggested a new debate on regionalism due to the institutional transformation from intergovernmentalism to supranationalism. Hitherto, the EU has undergone a shifting pathway as a supranational institution that raises a further debate on supranational constitutionalism. This paper aimed to critically examine the EU's legal capacity for external relations at the World Trade Organization (WTO) following in identifying the impact of the EU member states to become members of this world institution as well. However, new approaches were considered within the shifting paradigm, which includes supranational union as an emerging pivotal global actor in international relations. This paper showed that the emergence of EU supranationalism has challenged the traditional debate on state sovereignty rooted in the Westphalian concept, particularly against the state primacy in international law. While the EU regionalism contributed to legal conversation both in the regional and international arena, the juxtaposition of the state and the supranational 'state' has increasingly blurred their limits, becoming sui generis in regionalism and state discourses among the areas of international law and constitutional law.

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How to Cite
Ulum, M. B., Dwarakanath, S., & Arundhati, G. B. (2022). Constitutional Debate on European Union’s Shifting Pathway towards Supranationalism. Lex Scientia Law Review, 6(1), 1-32.
Author Biographies

Muhammad Bahrul Ulum, University of Jember

Muhammad Bahrul Ulum, S.H. (University of Jember, India), LL.M. (Osmania University, India) is a lecturer of law at the University of Jember, Indonesia. His works particularly focus on the intersection of constitutionalism, human rights, and political economy. He got a research grant from the Islamic Development Bank for a visiting scholarship at Nagoya University from October to December 2018 and the UNEJ research grant for a similar event at Airlangga University from November to December 2019. In 2017-2021, he was selected to present papers at various conferences held by the Indonesian Constitutional Court, University of Jember, University of Sydney, University of Indonesia, and Vietnam National University. In addition, in 2019, he joined the 43rd Southeast Asia Seminar held by Kyoto University in Hanoi, Vietnam. In 2022, he was selected to present a paper at the 2nd Asian Legal History Conference held by Thammasat University and the National University of Singapore.

Sripathi Dwarakanath, Symbiosis International University

Sripati Dwarakanath is a professor of international law at Symbiosis International University, India. He graduated law from bachelor to doctoral degrees from Osmania University, India. He published articles on various law topics in standard law journals in India and presented papers in more than 20 national and international seminars and conferences. In July 2015, he presented a paper titled" Live-in-Relationship–Vanishing point of Institution of Marriage," organized by ATINER, Athens, Greece. He also visited Seoul, South Korea, to attend a Conference on Peace.

Gautama Budi Arundhati, University of Jember

Gautama Budi Arundhati is a lecturer at the Faculty of Law, University of Jember, Indonesia. He completed a Bachelor of Laws (Sarjana Hukum, S.H.) at the Faculty of Law, University of Jember, Indonesia, and the Master of European Law Program on the Track of Human Rights and Migration Law (LL.M.) at Radboud University Nijmegen, the Netherlands. Currently, he is finishing up a Doctor of Laws degree at the Faculty of Law, Airlangga University, Indonesia. In 2012 and 2013, he attended the CPG Winter School at Thammasat University, Thailand, the CPG Spring School on German Law at the University of Munster in Munster, Germany in 2015; as well as participated in the JICA Knowledge Co-Creation Programme on Legislation Process in Tokyo, Japan in 2018. He also participated in the Online Summer School on Comparative Regionalism in a Changing World Order organized by Unair UNU-CRISS, Higher School of Economics of M. Narikbayev KAZGUU University in 2021.


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