European Union Law as International Law

Moorhead, Timothy (2012) European Union Law as International Law. European Journal of Legal Studies , 5 (1). pp. 126-143. ISSN 1973-2937. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL
http://www.ejls.eu/10/128UK.htm

Abstract

International law principles enable a rationalisation of the values to which the Union order aspires as a collective political and legal commitment amongst the Member States. The doctrine of Union law supremacy, which parallels that of international law supremacy, emphasises the overriding character of Union legal demands as a set of values and objectives over those of purely domestic origin. A common view that the Union legal order is sui generis or municipal in character fails to explain the directing character of the values underlying the Union project including its legal order. In this article I therefore explore and defend the view that the Union legal order is essentially one of international law. A central contention in this regard is that the supremacy of Union law obligations within the Member States is based on the principle of the supremacy of international law obligations over those originating in the domestic arena. The intensive rationalisation of this principle by the Court of Justice within its case law manages the intrusive domestic legal effects of the values and ideals found in the Union Treaties and illustrates the evolutionary character of the Union project.

Item Type: Article
Subjects: K Law
K Law > K Law (General)
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Cathy Norman
Date Deposited: 21 Mar 2014 15:35 UTC
Last Modified: 23 Jun 2014 12:55 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/38875 (The current URI for this page, for reference purposes)
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