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Amsterdam Centre for European Law and Governance Amsterdam Centre for European Law and Governance

EU Powers under External Pressure

Funded by the NWO, the Netherlands Organisation for Scientific Research, this research project (2012 - 2015) aimed to identify and discuss the implication of the Union's external actions for its devised internal constitutional structures.
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Summary

This research project identifies a broad range of constitutional implications and changes in entrenched practices that result from the EU’s external actions. Detailed studies of EU constitutional and external relations law and practice demonstrate specific shifts in power. Overall, the EU gains powers when it acts externally. It strengthens its grip on Member States and competes with national actors for the attention and trust of individuals.

Findings

The power shifts can be divided in five different categories:

1) Foundational Principles 2) Role and Mandate of National Courts 3) Choice of a Legal Basis for External Actions 4) Institutional Power Shifts Resulting From the Conclusion of International Agreements 5) EU Accession to the ECHR

Furthermore, the research highlights some of the broader and deeper implications of these changes for the EU and its Member States. Besides the specific changes resulting from external influences, such as the interpretation of organizing principles and of the institutional balance within the EU legal order, EU external relations also have implications for the CJEU’s claim that the EU legal order is an autonomous legal order, separate from both international and national law; the relationship between national, international and EU law; the role and position of Member States on the international plane; and the legitimate expectation of EU citizens that the EU takes action on their behalf.

Activities

14 June 2012: Exploratory Workshop 24 April 2015: Public conference 'Powers under External Pressure'

Organization and funding

This project was carried out by Dr Christina Eckes, ACELG researcher and associate professor in European law, who received a personal research grant (VENI) by the Netherlands Organisation for Scientific Research within its prestigious VENI research scheme. According to the NWO-report, the referees and the selection committee were not only very convinced by her personal track record, but also found her approach 'very original and promising'.