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

By Ramses A. Wessel, Steven Blockmans

The ecu Union is typically noticeable as a brand new and partially separate felony order in the international criminal process. while, the ecu is a crucial participant within the worldwide governance community. The robust and particular hyperlink among the ecu and quite a few different foreign corporations increases questions about the influence of choices taken via these organizations and of overseas agreements concluded with these enterprises (either via the european itself or by means of its Member States) at the autonomy of the ecu felony order. This ebook addresses the connection among the european and different overseas companies by means of the expanding impression of norms enacted via overseas agencies at the shaping of european law.

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106 In other cases, however, harmonious interpretation will not do the trick. 107 Here the Court’s refusal to use an external, non-binding norm as a standard for judicial review—in casu the Marpol Treaty on the prevention of ship-source pollution—led to a lack of judicial protection. 108 A similar thing occurred in the recent case of Air Transport Association of America, a reference for a preliminary ruling from an English court on the validity of a directive that included aviation activities within the Union’s Emission Trading Scheme (ETS).

Paras 86–89. 119 Lock 2011b, 588. 2 The Autonomy of EU Law: More is Less? 120 Instead, we will focus on the Mox Plant Decision, a case in which the issue of autonomy surfaced after the conclusion of the international agreement that formed of the subject of the proceedings. 121 Specifically, the case centred on Article 292 TEC (now Article 344 TFEU), which provides that Member States shall not submit a dispute concerning the interpretation or application of European law to any method of settlement outside the Treaty framework.

85 Uerpmann-Wittzack 2010, 160. See also Eckes 2012b. , 160–161. 87 See Editorial Comments 2011, 3–4. 83 2 The Autonomy of EU Law: More is Less? 31 law and defending the integrity of the Union’s legal order. 88 According to Article 3(5) TEU, the EU ‘‘shall contribute to (…) the strict observance and the development of international law’’. Consequently, the Union is under a legal obligation to do all that lies in its power to enhance the international legal order. 89 The Treaty thus gives an unequivocal signal as to how the ECJ could try to find the right balance.

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