Abstract
The spectre of authoritarianism is haunting Europe. The law of the EU does not offer an effective solution for dealing with a rogue Member State which does not wish to leave the Union and, at the same time, disrespects its laws and procedures. Additionally, the principle of autonomy of EU law prima facie prohibits recourse to the measures of international law. I contend that this principle should be read functionally, and thus, the use of international law is allowed as long as it serves the purpose of safeguarding the European project. Consequently, the analysis offers an overview of possible mechanisms of applying retortions, countermeasures and the Vienna Convention of the Law of Treaties to counteract the situation of a rogue Member State.
Original language | English |
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Title of host publication | The European Union: New Leaderships and New Agendas |
Editors | Stephen Alomes, Robert Mężyk, Sang-Chul Park |
Place of Publication | Redland Bay, Qld. |
Publisher | Connor Court Publishing |
Chapter | 7 |
Pages | 132-150 |
Number of pages | 19 |
ISBN (Print) | 9781922449511 |
Publication status | Published - 2021 |