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Cambridge Centre for European Legal Studies (CELS) Podcast

'EU Loyalty: External Relations as a Constitutional Challenge' - Christina Eckes: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Education, Society & Culture

00 Ratings

🗓️ 28 November 2018

⏱️ 39 minutes

🧾️ Download transcript

Summary

Professor Christina Eckes of the University of Amsterdam gave a lunchtime seminar entitled "EU Loyalty: External Relations as a Constitutional Challenge" on Wednesday 21 November 2018 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

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0:00.0

Let me start immediately to not lose further time.

0:08.5

I want to make a number of points to you today.

0:12.4

First, sincere cooperation in EU law, I really want to make the argument that it should be EU loyalty

0:17.6

and that you have enough indications that it's EU loyalty.

0:21.2

To make that point, I will also take a step back and look at what loyalty means.

0:25.7

I want to show that the integrative forces of EU loyalty are stronger in EU external relations

0:31.4

than they are in the internal context of EU law.

0:36.1

And I want to show that the exercise of the extended EU powers in external relations

0:42.7

actually have led to a lot of pressure on the EU system, particularly through the pushback

0:49.8

of member states in that area.

0:51.3

And then I want to discuss the justification.

0:54.3

Is it justified that the integrative forces are stronger in the context of EU external relations?

1:01.2

Can it be justified?

1:03.0

And how could it be justified if we want to justify it?

1:09.1

All this draws from my book that will come out in January 2019, so I will have to pick and choose what I tell you, and this is sort of the background of it.

1:18.9

Sincere cooperation as EU loyalty.

1:22.1

I want to make the argument that it's inherent and necessary in the EU treaties that member states and EU institutions

1:31.2

are loyal towards each other. It's really the core of, let's say, federal interaction. And we can

1:36.2

see it in many of the provisions of the treaty, so express provisions such as Article 4,

1:41.3

paragraph 3, the general principle of sincere cooperation.

1:45.7

We have it specifically amongst the EU institutions, Article 13, paragraph 2.

1:52.1

But we also have many other specific obligations that either were codified after the court

...

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