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."
European Law | International Law | Law
Petros C. Mavroidis,
Introduction: The European Union as an International Actor,
Colum. J. Eur. L.
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