Document Type
Article
Publication Date
2000
Abstract
The notorious ERTA decision by the European Court of Justice (ECJ), if viewed from a federalist perspective independently of its legal merits, represents an equilibrium: the quantity of the sovereignty transferred from European Community (EC) Member States to the Community at the internal (intra-EC) level equals the quantity of sovereignty that the Community can exercise on behalf of the EC Member States on the international scene.
The ECJ's Opinion 1/94 casts some doubt upon this statement by restrictively interpreting the Community competence with respect to international trade negotiations. Opinion 1/94, however, is not a drastic departure from the ERTA case law. It is not, in the Kuhnian sense of the term, a "paradigm shift."
Disciplines
European Law | International Law | Law
Recommended Citation
Petros C. Mavroidis,
Introduction: The European Union as an International Actor,
6
Colum. J. Eur. L.
271
(2000).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/3491