A new external equilibrium : revisiting the 'transformation of Europe' under the principle of the autonomy of the European Union

Abstract

This short paper puts forth the idea of a “new external equilibrium” between the different actors of the European Union and proposes to revisit the classic dualism of exit and voice as suggested by Albert Hirschman and applied to European integration by Joseph H. H. Weiler. By resorting to the idea of an internal equilibrium between European institutions and member states in the early times of European integration, the paper develops the concept of “new external equilibrium” as a necessary balance in the external integration of the EU. It is suggested that a shift has occurred and that the traditional internal clash between the CJEU and member states has now transformed into a more complex discussion between a broader range of actors with different power-relations being formed. One the one hand we have the CJEU which, through the use of the principle of “autonomy” of the EU, claims a new voice and curbs external integration. On the other hand, member states and the remaining institutions push for further external integration and a globalized Union of law. After examining this new distribution of the relative power between institutions, member states and the CJEU, this chapter attempts to explain some of the controversial decisions by the CJEU regarding external integration, such as Opinion 2/13 or Opinion 1/17.