Abstract
This chapter provides the conclusions. It shows that the EU faces significant challenges to acting normatively. Most visibly, in fora in which it lacks membership, these challenges stem from its incomplete powers as a non-State actor. At the same time these challenges predominantly relate to and are aggravated by obstructions from EU Member States at different levels (enforcing EU law, acting in the Council, and acting in international institutions). Even where the EU enjoys strong powers of action (exclusive competence and/or enjoying membership in relevant international institutions), it fails to act normatively again because of its Member States. The Member States’ involvement at different levels in the area of fisheries allows them to protect their interests, leading to incoherence and inconsistency, reliance on short-term self-interest and in some cases even possible illegality in the overall EU action. Thus, while the EU’s normativity depends greatly on having internal and external powers, it is its inability to freely wield the powers it already has that mostly damages its normativity. For the EU to act normatively it needs first and foremost to be fully supported by its Member States for its present constitution prevents it from acting fully to their exclusion and independently from them.
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Notes
- 1.
Interview with Commission President Barroso in Peterson 2008; EESC (2019) Europe must become a global leader in sustainable development. https://www.eesc.europa.eu/en/news-media/press-releases/europe-must-become-global-leader-sustainable-development. Accessed 2 August 2022; Finnish Presidency (2019) The EU as a global leader in climate action. https://eu2019.fi/en/priorities/climate-leadership. Accessed 2 August 2022; Fortuna (2019) Vella: EU leadership on oceans governance is a priority for my successor. https://www.euractiv.com/section/agriculture-food/interview/vella-eu-leadership-on-oceans-governance-is-a-priority-for-my-successor/. Accessed 2 August 2022; European Commission 2019.
- 2.
- 3.
Baird 1996.
- 4.
ECJ, Case C-457/18 Republic of Slovenia v Republic of Croatia, 31 January 2020, EU:C:2020:65.
- 5.
Sim (2018) Brexit: Why is everyone talking about fishing? https://www.bbc.com/news/uk-scotland-scotland-politics-46372153. Accessed 2 August 2022.
- 6.
Bradford 2020.
- 7.
Churchill 1987, pp. 557–558.
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Vatsov, M. (2023). Conclusion. In: Fishing Power Europe. Global Europe: Legal and Policy Issues of the EU’s External Action, vol 3. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-583-6_8
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