Author: Robert Uerpmann

Title: International Law as an Element of European Constitutional Law: International Supplementary Constitutions

Abstract:

This paper deals with the attitude of European constitutional law towards international treaty systems. EU law disposes of efficient means to comply with international legal standards: accession, legal succession, autonomous references (e.g. Art. 6 [2] EU), and general principles of law. The Community institutions are, however, quite reluctant to limit their scope of action and to compromise the autonomy of EU law. The ECJ has excluded automatic internal effects of WTO law. Autonomous references and the concept of general principles make the compliance with ECHR standards a matter of EU institutions alone. Even though or perhaps just because the EU is relatively young, it sticks to concepts of sovereignty which European nation states have overcome.

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