Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 6 - Patterns of Avoidance and Assimilation

  • from Part II - Looking in Between
  • Edited by Fernando Lusa Bordin, University of Cambridge, Andreas Th. Müller, Francisco Pascual-Vives, Universidad de Alcalá, Madrid
  • Book:
    The European Union and Customary International Law
    Published online:
    27 October 2022
    Print publication:
    03 November 2022, pp 148-174

  • Summary

    EU law has a complex relationship with the concept of peremptory norms. On the one hand, the case law of the ECJ shows a pattern of ‘avoidance’ of peremptory norms of general international law, namely a reluctance by this Court to consider the legal effects of such norms in cases where they may be relevant. This is clear in the Kadi and Front Polisario/Western Sahara sagas. On the other hand, EU law has ‘assimilated’ the concept of peremptory norms more than it may seem at first sight. Indeed, it may be affirmed that EU law has its own system of peremptory norms. Such as system is based on norms and principles that have some of the defining features of the peremptory norms of general international law (including a system of enhanced responsibility for serious breaches of such peremptory norms). While, in analytical terms, this characterization does not matter much for EU law, it is certainly critical to the proposition that general international law does not exclude the existence of a regional jus cogens.