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Download e-book for iPad: Between Autonomy and Dependence: The EU Legal Order under by Ramses A. Wessel, Steven Blockmans

By Ramses A. Wessel, Steven Blockmans

The ecu Union is characteristically visible as a brand new and partially separate felony order in the worldwide felony method. while, the ecu is a crucial participant within the international governance community. The powerful and specific hyperlink among the ecu and numerous different foreign businesses increases questions in regards to the influence of selections taken through these enterprises and of foreign agreements concluded with these enterprises (either by way of the ecu itself or via its Member States) at the autonomy of the european criminal order. This publication addresses the connection among the european and different foreign corporations by way of taking a look at the expanding impression of norms enacted via overseas firms at the shaping of ecu law.

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Additional info for Between Autonomy and Dependence: The EU Legal Order under the Influence of International Organisations

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In part, as Uerpmann-Wittzack rightly stated, this identity is still in the process of taking shape, but in the meantime it could also serve to locate ‘‘the ordre public as the boundary of commitment under treaty’’. 6 Boundaries In the first two sections of this chapter we have already explored in some detail what the ECJ’s case law on the interaction between EU law and international law looks like. Now that we have a better view of the premises on which this jurisprudence is arguably based, it is time to put some of these findings to the test.

47. g. Von Bogdandy 2010, 14–16; Peters 2010, 50–54. 63 In particular there is a legitimacy issue. Even if the Court’s claim has over the years been strengthened by democratic and institutional developments, there is still no constitutional process to back this claim up in an adequate fashion. Until that changes, the ‘‘market citizen’’ to whom the ECJ alluded in Van Gend will remain a rather pale figure. Another reason why it might be problematic to perceive the EU as a sovereign entity is the fact that one of its policy areas, the former second pillar, is still very much intergovernmental in nature and largely devoid of supranational features such as direct effect and judicial review.

Common Mark Law Rev 48:1–7 Eeckhout P (2004) External relations of the European Union: legal and constitutional foundations. Oxford University Press, Oxford Eeckhout P (2009) Case C-308/06 The Queen on the application of Intertanko and others v Secretary of State for Transport, judgment of the Court of Justice (Grand Chamber) of 3 June 2008, not yet reported. Common Mar Law Rev 46:2041–2057 Eeckhout P (2010) Bold constitutionalism and beyond. In: Poiares Maduro M, Azoulai L (eds) The past and future of EU law: the classics of EU law revisited on the 50th anniversary of the Rome Treaty.

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