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Autonomy of the EU Legal Order: A Concept in Need of Revision?

Öberg, Marja-Liisa LU (2020) In European Public Law 26(3). p.705-740
Abstract
The issuing of Opinion 2/13 on the European Union’s (EU’s) accession to the European Convention on Human Rights by the Court of Justice of the EU (CJEU), followed by Case C- 284/16 Achmea and Opinion 1/17 on the compatibility with EU law of the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA), brought the concept of the autonomy of the EU legal order to the persistent limelight of scholarly attention. An important yet unanswered question that arises in the light of the CJEU’s case law is to what extent the concept of the autonomy of the EU legal order or its specific application by the CJEU has been outlived in the context of EU external relations. Closely connected to the expansion of the EU’s... (More)
The issuing of Opinion 2/13 on the European Union’s (EU’s) accession to the European Convention on Human Rights by the Court of Justice of the EU (CJEU), followed by Case C- 284/16 Achmea and Opinion 1/17 on the compatibility with EU law of the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA), brought the concept of the autonomy of the EU legal order to the persistent limelight of scholarly attention. An important yet unanswered question that arises in the light of the CJEU’s case law is to what extent the concept of the autonomy of the EU legal order or its specific application by the CJEU has been outlived in the context of EU external relations. Closely connected to the expansion of the EU’s normative influence globally and in its neighbourhood is the necessity to set up effective institutional and procedural frameworks, including judicial protection mechanisms. The keen protection of the autonomy of the EU legal order in such instances conflicts sharply with the Union’s interests and foreign policy strategies and may well warrant a review of the current paradigm of the autonomy of the EU legal order. This article provides a critical account of the compatibility of the concept of autonomy as developed by the CJEU over the past several decades with the Union’s aspirations as a normative superpower. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU law, EU-rätt
in
European Public Law
volume
26
issue
3
pages
705 - 740
publisher
Kluwer Law International
external identifiers
  • scopus:85099483055
ISSN
1354-3725
language
English
LU publication?
yes
id
0a286bd9-c003-49aa-87c9-c7b1e937269f
date added to LUP
2020-12-05 14:04:09
date last changed
2021-01-24 04:00:10
@article{0a286bd9-c003-49aa-87c9-c7b1e937269f,
  abstract     = {The issuing of Opinion 2/13 on the European Union’s (EU’s) accession to the European Convention on Human Rights by the Court of Justice of the EU (CJEU), followed by Case C- 284/16 Achmea and Opinion 1/17 on the compatibility with EU law of the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA), brought the concept of the autonomy of the EU legal order to the persistent limelight of scholarly attention. An important yet unanswered question that arises in the light of the CJEU’s case law is to what extent the concept of the autonomy of the EU legal order or its specific application by the CJEU has been outlived in the context of EU external relations. Closely connected to the expansion of the EU’s normative influence globally and in its neighbourhood is the necessity to set up effective institutional and procedural frameworks, including judicial protection mechanisms. The keen protection of the autonomy of the EU legal order in such instances conflicts sharply with the Union’s interests and foreign policy strategies and may well warrant a review of the current paradigm of the autonomy of the EU legal order. This article provides a critical account of the compatibility of the concept of autonomy as developed by the CJEU over the past several decades with the Union’s aspirations as a normative superpower.},
  author       = {Öberg, Marja-Liisa},
  issn         = {1354-3725},
  language     = {eng},
  number       = {3},
  pages        = {705--740},
  publisher    = {Kluwer Law International},
  series       = {European Public Law},
  title        = {Autonomy of the EU Legal Order: A Concept in Need of Revision?},
  volume       = {26},
  year         = {2020},
}