Download Between Autonomy and Dependence: The EU Legal Order under by Ramses A. Wessel, Steven Blockmans PDF

By Ramses A. Wessel, Steven Blockmans

The eu Union is often visible as a brand new and in part separate felony order in the international criminal process. even as, the ecu is a vital participant within the international governance community. The robust and particular hyperlink among the european and a number of different overseas firms increases questions in regards to the influence of choices taken through these agencies and of foreign agreements concluded with these companies (either through the ecu itself or by way of its Member States) at the autonomy of the ecu criminal order. This e-book addresses the connection among the ecu and different overseas agencies by way of the expanding impression of norms enacted by means of overseas agencies at the shaping of ecu law.

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Europa Law Publishing, Groningen Bieber R (2009) Comments on the German constitutional court’s decision on the Lisbon Treaty: ‘an association of states’. Eur Const Law Rev 5:391–406 Böckenförde EW (1991) Staat, verfassung, demokratie. Suhrkamp, Frankfurt am Main Castillo de la Torre F (2002) Opinion 1/00 proposed agreement on the establishment of a European aviation area, 18 April 2002, not yet reported, 39. Common Mark Law Rev 39:1373–1393 Craig P, De Búrca G (2008) EU law: text, cases, and materials.

On the contrary, being a normative claim to authority closely intertwined with international law, it is an essential device in structuring and ordering this legal category. Accordingly, the real question is not if the Union is still autonomous, but how it imposes its autonomy on the international legal order, in particular on normative decisions or founding documents of (other) international organisations. Looking to the ECJ’s case law on the interaction between EU law and international law, conceptually speaking, it does not make any difference if an international norm that arrives at the border of the EU legal order is generated by an international organisation or belongs to a more general body of public international law.

7 Conclusion In this chapter, it was submitted that the concept of the autonomy of the EU legal order in fact constitutes a disguised claim to sovereignty. That in itself already tells us that one of the questions underpinning the central issue of this study—whether the EU can still be seen as an autonomous legal order—should receive an affirmative answer. For sovereignty is not something that slowly fades away as an entity becomes more dependent on the influence of international law. On the contrary, being a normative claim to authority closely intertwined with international law, it is an essential device in structuring and ordering this legal category.

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