Viadrina Center B/ORDERS IN MOTION

Effectiveness as a principle of EU law

  • Prof. Dr. Christoph Brömmelmeyer,
  • Prof. Dr. Matthias Pechstein,
  • Prof. Dr. Carsten Nowak,
  • Vivien Pawloff,
  • Prof. Dr. Albrecht Söllner,
  • Prof. Dr. Jürgen Neyer,
Ministerium für Wissenschaft, Forschung und Kultur des Landes Brandenburg (Seed Money)
January - December 2015

The research project "effectiveness as a principle of EU law" analyses the dynamics of the EU as a legal community. The EU is respecting its Member States as masters of the Treaty. But at the same time it is aiming for a closer community of people. Based on that, the European Court of Justice has advanced European integration: It has applied EU law directly and prior towards national law by applying the principle of effectiveness. As a consequence, EU law has been established without being considerate of the integrity and coherency of national legal systems. This evolution of EU law and the dynamic of this process of integration are now reaching boundaries. The centrifugal forces have become so strong (in a Union of 28 Member States), that the current legal dynamic has to be substituted or supplemented by political one or the political power as such has to be distributed in a new and different way. In this political, economic and social context of the 21st century we have to redefine the principle of effectiveness. The EU crisis, which reflects itself especially in the success of populist parties in the 2014 election, suggest, that the expansion of EU law, irrespective of the acceptance of European people, encounters increasing resistance. This is why the principle of effectiveness is not only endangering itself, but also the idea of European integration as such. From a legal perspective it has to be consequently revaluated. From a politological point of view, the tension between the legal logic, which is open towards the Union, and the political logic of the Member States, which aims to preserve sovereignty,  has to be assessed. And from an economic point of view, the question of an economically reasonable division of labor in the European Union has to be asked once again.

Projektbeschreibung auf Deutsch