Abstract
After many years spent tackling multiple crises, the EU institutions now rely extensively on the concept of ‘resilience’ to help inform policymaking across a wide range of activities. This paper examines resilience as it applies to the Internal Market, where important legislative measures have recently been adopted (for example) in relation to critical entities, critical raw materials and semiconductors. First, that ‘resilience agenda’ is located within the longer-term evolution of the Internal Market – which helps explain the focus on taming Member State conduct that may well be perfectly lawful under the Treaties, but is nevertheless considered disruptive to the collective Union interest. Secondly, the Covid-19 pandemic serves as a case study to demonstrate the CJEU’s distinctive contribution to the Union concept of ‘resilience’ – reinforcing the need for Member States to respect their ordinary Treaty obligations even under extraordinary circumstances, yet with untapped potential for the Court to reinforce the Union’s wider focus on ‘lawful yet disruptive’ national measures, e.g., using the duty of sincere cooperation. However, the ‘resilience agenda’ should not be accepted simply at face value as an obvious public good offered by the Union to enhance the longterm security and well-being of its citizens. Important questions arise about the tensions between resilience and protectionism or securitization, as well as issues of transparency, accountability and legitimacy.
Published Version
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