The Autonomy of the EU Legal Order: The Case of the Energy Charter Treaty

Amsterdam Centre for European Law and Governance Research Paper No. 01, 2023

Amsterdam Law School Research Paper No. 10, 2023

European Papers in 2023 as part of a special issue, Forthcoming

32 Pages Posted: 22 Feb 2023

See all articles by Christina Eckes

Christina Eckes

Amsterdam Centre for European Law and Governance

Date Written: February 17, 2023

Abstract

This paper examines the compatibility of the current ECT and of its reformed text with the normative and regulatory autonomy of the EU. It also argues that the Commission’s actions in the period between the agreement in principle on the revised text of 24 June 2022 and the adoption of a resolution of the European Parliament calling on the EU to withdraw from the ECT on 23 November 2022 demonstrate the dark, undemocratic side of vesting the EU with external regulatory autonomy vis-à-vis the Member States. It highlights in particular that greater external regulatory autonomy of the EU may lead to an usurpation of executive powers and comes at the price of parliamentary control.

Keywords: jurisdictional normative autonomy, regulatory autonomy, Energy Charter Treaty, Opinion 1/17, International State Dispute Settlement, Commission as negotiator of international agreements

JEL Classification: K4

Suggested Citation

Eckes, Christina, The Autonomy of the EU Legal Order: The Case of the Energy Charter Treaty (February 17, 2023). Amsterdam Centre for European Law and Governance Research Paper No. 01, 2023, Amsterdam Law School Research Paper No. 10, 2023, European Papers in 2023 as part of a special issue, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4362209

Christina Eckes (Contact Author)

Amsterdam Centre for European Law and Governance ( email )

Oudemanhuispoort 4-6
1012 CN Amsterdam
Netherlands

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
169
Abstract Views
658
Rank
332,218
PlumX Metrics