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Friend Zone Forever? The Essence of and Justifications for the EU’s Decision-Making Autonomy

Öberg, Marja-Liisa LU orcid (2023) In Journal of Common Market Studies 61(6). p.1622-1638
Abstract
The expansion of the European Union’s (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union’s decision-making autonomy. Albeit stringently applied, the concept is ambiguous and undefined. This article endeavours to unfold its meaning, use and significance, and question whether its rigid nature is justified in light of the Union’s aims in expanding its regulatory sphere. The article argues that the ultimate rationale of decision-making autonomy is to ensure the effectiveness of the EU legal order as well as to compensate for the member states’ loss... (More)
The expansion of the European Union’s (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union’s decision-making autonomy. Albeit stringently applied, the concept is ambiguous and undefined. This article endeavours to unfold its meaning, use and significance, and question whether its rigid nature is justified in light of the Union’s aims in expanding its regulatory sphere. The article argues that the ultimate rationale of decision-making autonomy is to ensure the effectiveness of the EU legal order as well as to compensate for the member states’ loss of sovereignty, investment and risk-taking. Insofar as non-member states do not demonstrate similar commitment to the EU, exclusion from decision-making is justified to retain the privilege and attractiveness of membership. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Sovereignty movement, Decision-making autonomy, Brexit, European Economic Area, Mutual trust, EU law, EU-rätt
in
Journal of Common Market Studies
volume
61
issue
6
pages
1622 - 1638
publisher
Wiley-Blackwell
external identifiers
  • scopus:85138738742
ISSN
1468-5965
language
English
LU publication?
yes
id
e252d2c8-831b-4103-bf6d-f8b757a35738
date added to LUP
2022-12-09 09:28:46
date last changed
2024-01-11 14:10:04
@article{e252d2c8-831b-4103-bf6d-f8b757a35738,
  abstract     = {{The expansion of the European Union’s (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union’s decision-making autonomy. Albeit stringently applied, the concept is ambiguous and undefined. This article endeavours to unfold its meaning, use and significance, and question whether its rigid nature is justified in light of the Union’s aims in expanding its regulatory sphere. The article argues that the ultimate rationale of decision-making autonomy is to ensure the effectiveness of the EU legal order as well as to compensate for the member states’ loss of sovereignty, investment and risk-taking. Insofar as non-member states do not demonstrate similar commitment to the EU, exclusion from decision-making is justified to retain the privilege and attractiveness of membership.}},
  author       = {{Öberg, Marja-Liisa}},
  issn         = {{1468-5965}},
  keywords     = {{Sovereignty movement; Decision-making autonomy; Brexit; European Economic Area; Mutual trust; EU law; EU-rätt}},
  language     = {{eng}},
  number       = {{6}},
  pages        = {{1622--1638}},
  publisher    = {{Wiley-Blackwell}},
  series       = {{Journal of Common Market Studies}},
  title        = {{Friend Zone Forever? The Essence of and Justifications for the EU’s Decision-Making Autonomy}},
  url          = {{https://lup.lub.lu.se/search/files/162465730/O_berg_Friend_Zone_Forever_The_Essence_of_and_Justifications_for_the_EU_s.pdf}},
  volume       = {{61}},
  year         = {{2023}},
}