Associate Professor at the Amsterdam Centre for European Law and Governance (ACELG)
Christina Eckes is associate professor in EU law at the University of Amsterdam and adjunct director of the Amsterdam Centre for European Law and Governance (ACELG). Since 2014 she is one of the research leaders of ACELG's multiannual research programme Compound Constitutions in Europe.
In 2011 Christina Eckes was awarded a personal research grant by the Dutch Scientific Organization (NWO) for her current research project entitled: Outside-In: Tracing the Imprint of the European Union's External Actions on Its Constitutional Landscape. She spent the academic year 2012/2013 as Emile Noël Fellow-in-residence at New York University and March to June 2014 as a visiting researcher at the Hertie School of Governance in Berlin.
Christina Eckes joined the University of Amsterdam in September 2008. Previously, she was lecturer in EU law at the University of Surrey, UK (2007-2008). Her PhD research at the Centre of European Law at King's College London was fully funded. She published a monograph based on her PhD thesis under the title: EU Counter-Terrorist Policies and Fundamental Rights - The Case of Individual Sanctions (Oxford University Press, 2009). She also holds an LL.M (2003) from the College of Europe in Bruges, Belgium, and passed First State Examination in Germany (2002).
Books
EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions
see reviews: Luke A.R. Butler, European Law Review 2010, p. 739; Martin Scheinin, Yearbook of European Law 2010, p. 539; Cian Murphy, European Human Rights Law Review 2011, p. 120; Maria Tzanou, Common Market Law Review 2011, p. 2124; Iris Canor, Leiden Journal of International Law 2012, p. 243.
Crime within the Area of Freedom Security and Justice: A European Public Order
edited together with Theodore Konstadinides
see reviews: Elaine Fahey, Common Market Law Review 2011, p. 1737; Wanni Teo, Yearbook of European Law 2012, p. 1.
Selected Articles
- 'EU Accession to the ECHR: Between Autonomy and Adaptation', Modern Law Review 2013
- 'International, European and US Perspectives on the Negotiation and Adoption of the Anti-Counterfeiting Trade Agreement (ACTA)', Currents, International Trade Law Journal 2013 (together with Dr. Elaine Fahey and Dr. Machiko Kanetake)
- 'Environmental Policy "Outside-In": How the EU's Engagement with International Environmental Law Curtails National Autonomy', 13.11 German Law Journal 2012
- 'Protecting Supremacy from External Influences: A Precondition for a European Constitutional Legal Order?', European Law Journal 18:2, March 2012, pages 230-250
- 'EU Counter-Terrorist Sanctions against Individuals: Problems and Perils', European Foreign Affairs Review 17:1, Spring 2012, pages 113-132
Research Interests
- EU constitutional law
- External relations of the European Union
- Philosophical fundamentals of EU law
- Judicial review in a pluricontextual setting
- Restrictive measures against private individuals
- EU counter-terrorism
Teaching
- EU Criminal Law (LL.M)
- EU Foreign Relations Law (LL.M)
Outside-In: Tracing The Imprint of the European Union’s External Actions on Its Constitutional Landscape
My hypothesis is that the European Union‘s intensified external actions have implications for its delicate internal constitutional structures. Indeed, some of the Union’s external actions could profoundly change its mode of operation. Core values under EU law, as well as established organizational principles, might come under pressure. Within the complexity of the EU legal order such consequences could be exponentially more destabilizing than within a state structure (that appears monolithic in comparison).
The European Union’s ability to conduct its own external relations is not contested as a matter of principle. It is for instance the only non-state actor that participates in international functional regimes on equal footing with states. At the same time, it is under constant pressure, both from the outside and from the inside. Under international law, only states are vested with ‘original rights’ and hence fully autonomous subjects of international law. And even though other international actors accept that the Union takes at times a state-like position, international law classifies it as an international organization. As an international organisation, the Union remains seen as exercising delegated rights and at least partially as penetrable in that behind the organization there are still the Member States as the ultimate point of reference. This is the outside pressure. The inside pressure is the Member States’ explicit intention to remain visible – next to, behind, and in front of the Union. This, for instance, becomes apparent in the explicitly codified parallel nature of CFSP competences, and in the Member States’ preference for mixed agreements.
The EU’s foreign policy after the entry into force of the Lisbon Treaty goes beyond a supportive or supplementary character. The objectives set out in the EU Treaties require the EU to take the role of an international actor separate from its Member States. At the same time, the basic assumption remains that European external actions develop in a supportive parallelism to the EU’s internal policies. This has also for long been the position of the Court of Justice of the European Union (CJEU). This research project aims to demonstrate that the opposite can also be true, namely that the Union’s participation in international relations reflects back onto its internal constitutional landscape. The broader underlying questions are: When a complex and compound political construct, such as the European Union, acts under international law, does this automatically entail a federalizing or centralizing effect through ’unintentional constitutionalization of power-sharing’ and ‘the routinization of practices’? What impact has the fact that the EU is increasingly given extensive rights to act as an almost state-like actor under international law?
The aim is to identify and discuss the internal implications of the EU’s external actions in the light of sovereignty. The research is planned as a theoretical inquiry illustrate with detailed empirical studies in to EU law.
First Publications
- C. Eckes, ‘EU Accession to the ECHR: Between Autonomy and Adaptation’, 76(2) Modern Law Review 2013, pages 254–285
- C. Eckes, ‘Environmental Policy “Outside-In”: How the EU’s Engagement with International Environmental Law Curtails National Autonomy’, 13.11 German Law Journal 2012
- C. Eckes, ‘External Relations Law: How the Outside Shapes the Inside’ in: Diego Acosta Arcarazo & Cian C. Murphy (eds.), EU Security and Justice Law: After Lisbon and Stockholm (Hart, 2014)
- C. Eckes, ‘International, European and US Perspectives on the Negotiation and Adoption of the Anti-Counterfeiting Trade Agreement (ACTA)’, Currents, International Trade Law Journal 2013, (together with Dr. Elaine Fahey and Dr. Machiko Kanetake)
2015
- C. Eckes & R. Wessel (2015). The European Union from an International Perspective: Sovereignty, Statehood, and Special Treatment. In T. Tridimas & R. Schütze (Eds.), The Oxford Principles of European Union Law - Volume 1: The European Union Legal Order (forthcoming). Oxford University Press.
2014
- C. Eckes (2014). EU counter-terrorist sanctions: the questionable success story of criminal law in disguise. In C. King & C. Walker (Eds.), Dirty assets: emerging issues in the regulation of criminal and terrorist assets (Law, justice and power) (pp. 317-336). Farnham: Ashgate.
- C. Eckes (2014). External relations law: how the outside shapes the inside. In D. Acosta Arcarazo & C.C. Murphy (Eds.), EU security and justice law: after Lisbon and Stockholm (Modern studies in European law, 42) (pp. 186-206). Oxford [etc.]: Hart Publishing.
- C. Eckes (2014). The Court of Justice's participation in judicial discourse: theory and practice. In M. Cremona & A. Thies (Eds.), The European Court of Justice and external relations law: constitutional challenges (Modern studies in European law) (pp. 183-210). Oxford: Hart Publishing.[go to publisher's site]
- C. Eckes (2014). EU restrictive measures against natural and legal persons: from counterterrorist to third country sanctions. Common Market Law Review, 51 (3), 869-905.[go to publisher's site]
- C. Eckes (2014). How the European Parliament's participation in international relations affects the deep tissue of the EU's power structures. International Journal of Constitutional Law, 12 (4), 904-929. doi: 10.1093/icon/mou067
- C. Eckes (2014). The Reflexive Relationship between Internal and External Sovereignty. Irish Journal of European Law, 17 (2).
2013
- C. Eckes & S. Hollenberg (2013). Reconciling different legal spheres in theory and practice: pluralism and constitutionalism in the cases of Al Jedda, Ahmed and Nada. Maastricht Journal of European and Comparative Law, 20 (2), 220-243.
- C. Eckes (2013). EU Anti-Terrorismus-Sanktionen als Extrembeispiel kooperativer Regelsetzung. Zeitschrift für Aussen- und Sicherheitspolitik, 6 (3), 345-356. doi: 10.1007/s12399-013-0342-3
- C. Eckes (2013). Individuals in a pluralist world: The implications of counterterrorist sanctions. Global Constitutionalism, 2 (2), 218-236. doi: 10.1017/S2045381713000063
- S. Blockmans, C. Hillion, M. Cremona, D. Curtin, G. De Baere, S. Duke, C. Eckes, B. Van Vooren, R. Wessel & J. Wouters (2013). EEAS 2.0: A legal commentary on Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service. Brussels: Centre for European Policy Studies.
- C. Eckes (2013). Epilogue: The Union, the world and counter-terrorism: how to normalize the extreme? In L.C. Ferreira‐Pereira & B. Oliveira Martins (Eds.), The European Union's fight against terrorism: the CFSP and beyond. London: Routledge.
- C. Eckes (2013). EU climate change policy: can the Union be just (and) green? In D. Kochenov & F. Amtenbrink (Eds.), The European Union's shaping of the international legal order (pp. 191-214). Cambridge: Cambridge University Press.
- C. Eckes (2013). EU Accession to the ECHR: Between Autonomy and Adaptation. The Modern Law Review, 76 (2), 254-285. doi: 10.1111/1468-2230.12012
2012
- C. Eckes (2012). Environmental Policy 'Outside-In': How the EU's Engagement with International Environmental Law Curtails National Autonomy. German law journal: review of developments in German, European and international jurisprudence, 13 (11), 1151-1175.
- C. Eckes, E. Fahey & M. Kanetake (2012). International, European and U.S. perspectives on the negotiation and adoption of the Anti-Counterfeiting Trade Agreement (ACTA). Currents, 20 (2), 20-44.
- C. Eckes (2012). EU counter-terrorist sanctions against individuals: problems and perils. European Foreign Affairs Review, 17 (1), 113-132.
- C. Eckes (2012). Protecting supremacy from external influences: a precondition for a European constitutional legal order? European Law Journal, 18 (2), 230-250. doi: 10.1111/j.1468-0386.2011.00595.x
2011
- C. Eckes & J. Mendes (2011). The right to be heard in composite administrative procedures: lost in between protection? European Law Review, 36 (5), 651-670.
- C. Eckes (2011). Controlling the most dangerous branch from afar: multilayered counter-terrorist policies and the European judiciary. European Journal of Risk Regulation, 2 (4), 505-522.
- C. Eckes (2011). The legal framework of the European Union's counter-terrorist policies: full of good intentions? In C. Eckes & T. Konstadinides (Eds.), Crime within the area of freedom, security and justice: a European public order (pp. 127-158). Cambridge: Cambridge University Press.
2009
- C. Eckes (2009). EU counter-terrorist policies and fundamental rights: the case of individual sanctions (Oxford studies in European law). Oxford: Oxford University Press.
- C. Eckes (2009). Test case for the resilience of the EU's constitutional foundations. European Public Law, 15 (3), 351-378.
2008
- C. Eckes (2008). Sanctions against individuals: fighting terrorism within the European legal order. European Constitutional Law Review, 4 (2), 205-224. doi: 10.1017/S1574019608002058
- C. Eckes (2008). Judicial review of European anti-terrorism measures - The Yusuf and Kadi judgments of the Court of First Instance. European Law Journal, 74-92.
- D. Curtin & C. Eckes (2008). The Kadi case: mapping the boundaries between the executive and the judiciary in Europe. International Organizations Law Review, 5 (2), 365-369. doi: 10.1163/157237408X412961
2013
- S. Blockmans, C. Hillion, M. Cremona, D. Curtin, G. De Baere, S. Duke, C. Eckes, B. Van Vooren, R. Wessel & J. Wouters (2013). EEAS 2.0: Recommendations for the amendment of Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service. (unknown, CEPS special reports, no 78). Brussels: Centre for European Policy Studies.
- C. Eckes (2013). European Union Legal Methods - Moving Away From Integration. In U. Neergaard & R. Nielsen (Eds.), European legal method: towards a new European legal realism? (pp. 163-188) Copenhagen: DJØF Publishing.
- C. Eckes (2013). Decision-making in the dark? Autonomous EU sanctions and national classification. In I. Cameron (Ed.), EU sanctions: law and policy issues concerning restrictive measures (Supranational criminal law, 15) (pp. 177-198). Cambridge [etc.]: Intersentia.
- C. Eckes (2013). The European Court of Justice and (quasi-)judicial bodies of international organisations. In R.A. Wessel & S. Blockmans (Eds.), Between autonomy and dependence: the EU legal order under the influence of international organisations (pp. 85-109). The Hague: T.M.C. Asser Press.
- C. Eckes (2013). The role of judges confronted with norms form different origines: the case of counter-terrorist sanctions. In K.E. Jørgensen & K.V. Laatikainen (Eds.), Routledge handbook on the Europan Union and international institutions: performance, policy, power (Routledge handbooks) (pp. 171-184). London [etc.]: Routledge.
2011
- C. Eckes (2011). International law as law of the EU: the role of the ECJ. In E. Cannizzaro, P. Palchetti & R.A. Wessel (Eds.), International law as law of the European Union (Studies in EU external relations, 5) (pp. 353-377). Leiden: Nijhoff.
2008
- C. Eckes (2008). Trapped between courts or How European terrorist suspects lost their right to a remedy. In R. Wessel, A. Føllesdal & J. Wouters (Eds.), Multilevel Regulation and the EU - The Interplay between Global, European and National Normative Processes. Brill.
2013
- C. Eckes (2013). On: CJEU. (2013, May 28), EHRC 2013-8, 159, (case C-239/12 P: Abdulrahim v. Council and Commission). p.1714-1728.
2010
- C. Eckes (2010). International law as law of the EU: the role of the Court of Justice. (Preprints, CLEER working papers, no 2010/6). The Hague: Centre for the Law of EU External Relations, T.M.C. Asser Institute.
- C. Eckes (2010). On: CJEU. (2008, June 24), CML Rev. 2010-3, (Case C-188/07: Commune de Mesquer v. Total France and Total International Ltd.). p.899-915.
2009
- C. Eckes (2009). [Review of the book The outer limits of European union law]. European Law Review, 34(5), 794-796.
2014
- C. Eckes (2014). The German Federal Constitutional Court As Part of a New European Judicial Network? (blog). ACELG Blog. (available: 14 feb 2014).
2013
- C. Eckes (2013). One Step Closer: EU Accession to the ECHR. (blog). UK Constitutional Law Blog. (available: 02 may 2013).
- C. Eckes (2013). Italian Elections and the European Union: Till Politics Do Us Part. (blog). ACELG blog. (available: 01 mar 2013).
- C. Eckes (2013). To Rule or Not to Rule? Should the German Constitutional Court Have the Last Word in the Eurocrisis? (blog). ACELG blog. (available: 18 jun 2013).
2012
- C. Eckes (2012). Doha climate change conference: The question is no longer whether climate change is real. The question is how to mitigate it …. (blog). Amsterdam Centre for European Governance - blog. (available: 17 dec 2012).
- No ancillary activities
