056 The Resilience of the EU Legal Order: Neighbourliness and Neighbourhood

Thursday, April 14, 2016: 2:00 PM-3:45 PM
Concerto A (DoubleTree by Hilton Philadelphia Center City)
The EU legal order, characterised as sui generis, developed at times by borrowing and adapting its principles from national or international law. For instance, the principle of good neighbourly relations in EU law has moved beyond its traditional understanding in international law. Kochenov argues that this principle has taken a new meaning of adhering to the values of the EU. Being a ‘good neighbour’ in EU law includes a particular type of constitutional order and citizenship laws.The concept of good neighbourly relations has also shaped the EU’s relations with its neighbouring countries. Under Article 8 TEU the EU aims to create an area of ‘good neighbourliness’ around its borders. Within this context, Van Elsuwege questions the possibility of reconciling the creation of the Eurasian Economic Union and the European  Neighbourhood Policy by sharing legal norms through such organisations as the World Trade Organisation and the Council of Europe. The export of EU law to the area of ‘good neighbourliness’ raises various issues regarding the effect of legal norms. Van der Loo analyses the provisions on treatment of workers in the EU-Ukraine Association Agreement which are peculiar due to the 'split' legal basis of the Agreement, as well as the Council Decision (which establishes the Agreement) precluding the direct effect of the latter.
Chair:
Narine Ghazaryan
Discussant :
Narine Ghazaryan
Good Neighbourly Relations in EU Law
Dimitry Kochenov, Groningen Graduate School of Law
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