Equivalence as Emerging Principle of EU External Relations Law

This essay examines the principle of equivalence as applied in EU external relations law. Equivalence refers to the EU’s recognition that a third country’s regulations are comparable to its own in specific sectors, facilitating permeability between legal systems and markets. The application of equivalence can lead to various outcomes, including a ‘Brussels effect’, where third countries voluntarily align their legislation with EU standards. While some perceive it as a form of unilateralism or protectionism, this essay argues that equivalence can foster international cooperation and serve as an alternative pathway to multilateralism when traditional methods are unfeasible. The essay concludes by discussing the classification of equivalence as an emerging general principle of EU external relations law. Although not explicitly mentioned in the Treaties or formally recognized by the Court of Justice, its role in governing relationships with third countries and shaping the EU’s international identity underscores its growing significance, thereby enabling the EU to safeguard its policies and values while promoting dialogue and shared solutions with third countries.