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I recognize your legalist perspective and have leaned that way most of my life, but I don't think it's strong enough against the lawless fascists and their moneyed allies. There are moments in history where you have to tug on the balance of power.
I also chafe at the idea that EU law is comparable to a constitution. We already have a constitution thank you very much. What FI is proposing here is more like when Blue cities in the US "opted out" of helping with ICE enforcement.
It's not about breaking the rule of law it's about engaging with the old "rapport de force". Sure it would be more comfortable to go "oh well them's the laws after all" and I wish we were still at that stage but look where it got us.
Burning down law to defend it against fascists? All the while Putin watches pleased Europe setting itself on fire. He doesn't care if it is the left or the right. It doesn't matter if you consider EU primary law inferior to a constitution. Functionally it is primary law all the same and as such it relies just the same way on not being optional. Once it becomes optional it collapses on itself.
Which federal law did the blue cities declare null and void in their territory again?
That said, member states are not forced to oblige to the treaties. They are free to leave anytime. Hence the EU is not a state. No one is forced to stay and comply. One can leave if one finds the EU and its legal sphere unacceptable.
What is it really that justifies the destruction of the EU's legal sphere and as a consequence the EU? That you seem to call necessary here? Let's be concrete and say why it can't be resolved without destroying the EU.
The EU treaties are de facto a federal constitution, even though consolidating them into a single document called the European Constitution failed (partly because of Mélenchon).
Constitutions can be stacked on top of each other, there doesn't have to be only one.
No, it isn't. What LFI is proposing would be like putting, in the Constitution of California or that of another state, a provision incompatible with the Constitution of the United States.