Piecing the Puzzle Together: Beyond Pluralism and Autonomy: Systemic Harmonization as a Paradigm for the Interaction of EU Law and International Law

Summary:

The EU’s relationship with international law as interpreted by the Court of Justice of the EU (CJEU) has taken a sharp constitutional turn in Opinion 2/13 which emphasized the autonomy of the EU legal order.

This article seeks to explore an alternative to the EU’s approach to international law, which could be an ‘old new’ paradigm for the interaction of EU law and international law. It will examine how and how far the mechanisms of interpretation can be used as a tool to facilitate a more open and harmonious relationship between the EU and the international legal order.

The article argues that a procedural requirement to engage openly can avoid conflicts between legal orders, such as the EU and the international legal order.

Further information:

This article is part of the Special Issue: EU Law and Public International Law: Co-implication, Embeddedness and Interdependency.

• Primary Source