2023
DOI: 10.1111/jcms.13459
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Friend Zone Forever? The Essence of and Justifications for the EU's Decision‐Making Autonomy

Abstract: The expansion of the European Union's (EU) regulatory sphere creates conflicts of sovereignty between the EU and its member states, and third countries that lack a possibility to participate in the making of those laws and policies. The conflict is epitomised in the concept of the Union's decision‐making autonomy. Albeit stringently applied, the concept is ambiguous and undefined. This article endeavours to unfold its meaning, use and significance and examine whether its rigid nature is justified in light of t… Show more

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Cited by 4 publications
(3 citation statements)
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References 48 publications
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“…Two contributions in this Special Issue address the overarching constraints and implications of third country influence for the EU's legal and political order, respectively. The 10th article by Marja‐Liisa Öberg (2023) explores the essence of and justifications for the EU's decision‐making autonomy as a constraining concept on allowing third country participation in the formal venues of EU law and policy‐making. The concept of decision‐making autonomy is embedded in the expansion of the EU's regulatory sphere and the subsequent conflicts of sovereignty between the EU and its member states, and third countries lacking a possibility to participate in the making of the laws and policies that they adopt.…”
Section: Overarching Constraints and Implications For The Eu's Legal ...mentioning
confidence: 99%
“…Two contributions in this Special Issue address the overarching constraints and implications of third country influence for the EU's legal and political order, respectively. The 10th article by Marja‐Liisa Öberg (2023) explores the essence of and justifications for the EU's decision‐making autonomy as a constraining concept on allowing third country participation in the formal venues of EU law and policy‐making. The concept of decision‐making autonomy is embedded in the expansion of the EU's regulatory sphere and the subsequent conflicts of sovereignty between the EU and its member states, and third countries lacking a possibility to participate in the making of the laws and policies that they adopt.…”
Section: Overarching Constraints and Implications For The Eu's Legal ...mentioning
confidence: 99%
“…Norway has sought to be as closely affiliated to the EU as is possible for a non‐member. That is not the case with the UK, which is concerned with managing divergence from the EU (Öberg, 2023), nor with Switzerland, whose affiliation is looser than Norway's and is currently struggling to reach a new settlement with the EU (Lavenex and Veuthey, 2023).…”
Section: Third Country Inclusionmentioning
confidence: 99%
“…The dilemma facing the EU in relating to third countries extends to EU–Member State relations. Were the EU to grant third countries not only extensive rights and obligations but also direct participation in the EU's decision‐making system, it would weaken or undercut the distinction between members and non‐members (Öberg, 2023), and risk that members try to renegotiate their terms of EU co‐operation, which may set in motion strong centrifugal dynamics and undermine internal EU rule‐based coherence.…”
Section: Dilemmas and Trade‐offs For The Eu And For Third Countriesmentioning
confidence: 99%