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Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic. Research Paper in Law 02/2018

Govaere, Inge (2018) Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic. Research Paper in Law 02/2018. [Policy Paper]

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    Abstract

    The concept of the new and autonomous EU legal order, as it emanated from the historic Van Gend & Loos judgment of the Court of Justice of the European Union (CJEU),1 can best be pictured as an empty balloon firmly slid in-between public international law and constitutional law. 2 At first this would sit somewhat uneasily and create some friction, but it would not yet raise any major concerns. More important frictions with international law however started to appear with the rapid expansion of the EU integration process both in terms of substantive coverage and territorial scope, due to the constant transfer of competence towards the EU, coupled with the EU enlargement process to include new Member States. The balloon imagery goes that with every such new EU development, more air is automatically blown into the balloon. Yet strongly inflating the EU balloon has as a direct consequence that also more and more international law (and Member States’ constitutional law) is systematically squeezed out. It is this gradual but steady EU integration process which inevitably causes increased friction and possibly even resistance against a further expansion of the autonomous EU legal order. Not surprisingly, the biggest friction is likely to relate to the transfer of areas which for a long time were kept outside the EU law balloon and within the sole realm of international law.

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    Item Type: Policy Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 17 May 2019 19:02
    Number of Pages: 27
    Last Modified: 17 May 2019 19:02
    URI: http://aei.pitt.edu/id/eprint/97368

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