Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law

Wouters, Jan; Odermatt, Jed; Ramopoulos, Thomas

doi:10.2139/ssrn.2274763

Cited by 23 publications

(4 citation statements)

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“…Multilateral treaties are less likely to be fully aligned to EU values as, unlike bilateral treaty negotiations where the EU is often the stronger partner, the EU will be one of multiple participants 345 or merely succeed Member States. 346 Ultimately, the Court has frequently refused to apply multilateral treaties where they conflict with EU norms or interests (albeit not expressing this as the reason for refusal) 347 rather than expand the practice of strained interpretation exhibited in ELFAA. As discussed above, declining to apply multilateral treaties (application) is in principle more acceptable under international law than providing an incorrect interpretation.…”

Section: B Multilateral Treatiesmentioning

confidence: 99%

Learning from failure in ‘an Integral Part’ of EU Law: interpretation of international treaties in the CJEU

Dunbar

2024

European Law Open

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The Court of Justice of the European Union has been criticised increasingly for its approach to international law. While much literature focuses on reluctance to apply international law (ie refusing direct effect), this criticism also includes interpretation, arguably a more contentious area. The Court interprets international treaties through either the Vienna Convention or its own teleological method, with the latter increasingly applied. The legitimacy of applying localised methods of interpretation to international treaty law is debated in scholarship. Whether the Court’s case law applying international law is Völkerrechtsfreundlichkeit (friendliness to international law) is the focus of most contributions in this area. This Article seeks to move beyond that debate by demonstrating the Court should in all instances seek to achieve the legal imperatives of certainty and justice. It is explained that justice divides into ‘thin’ and ‘thick’ forms. Whilst ‘thin’ justice is widely accepted and amounts to treating like cases alike, substantive (‘thick’ justice) outcomes are inherently debatable. The Article proves the Court is failing to clearly distinguish cases (‘thin’ justice) and that case law is uncertain. There are also significant questions concerning ‘thick’ justice. The Court has been subject to criticism for substantive outcomes in this area, with the Commission and Council even seeking to limit its role. With case law that is uncertain and appears unjust it is argued that there is failure in this ‘integral part of EU law.’ The Court is now under increased pressure, and it is uncertain how it will respond. There are certainly cautionary lessons to be learned concerning the importance of paying proper attention to justice and certainty for EU law as a whole, and beyond.

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Section: B Multilateral Treatiesmentioning

confidence: 99%

Learning from failure in ‘an Integral Part’ of EU Law: interpretation of international treaties in the CJEU

Dunbar

2024

European Law Open

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“…regulatory efforts on the international and European levels, as well as recent case law of the [EU] Court that demonstrates a more reticent attitude towards international law". (Wouters, Odermatt and Ramopoulos, 2012). I could not but fully agree with them and I attempt to carry out a similar exercise in a more targeted way, zooming in on one specific field of law.…”

Section: Introductionmentioning

confidence: 99%

The Place and Role of International Human Rights Law in the EU Return Directive and in the Related cjeu Case-Law: Approaches Worlds Apart?

Molnár¹

2018

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

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“…It is only recently that legal scholars have sought to take a broader multidisciplinary take on the relationship between law-making and courts. 22 EU legislation in the field of Justice and Home affairs drew inspiration for some time from Council of Europe Conventions. 23 Nowadays the European Union wants to lead as an organisation in the international context.…”

mentioning

confidence: 99%

The legal effects of the EU’s interaction with other international institutions in law

Fahey¹

2019

Research Handbook on the European Union and International Organizations

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Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law

Cited by 23 publications

References 4 publications

Learning from failure in ‘an Integral Part’ of EU Law: interpretation of international treaties in the CJEU

Learning from failure in ‘an Integral Part’ of EU Law: interpretation of international treaties in the CJEU

The Place and Role of International Human Rights Law in the EU Return Directive and in the Related cjeu Case-Law: Approaches Worlds Apart?

The legal effects of the EU’s interaction with other international institutions in law

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