Trade, Foreign Policy, and Defence in EU Constitutional Law


Book Description

This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy, it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.




Trade, Foreign Policy and Defence in EU Constitutional Law


Book Description

This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.




Foreign Affairs and the EU Constitution


Book Description

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.




Law and Practice of the Common Commercial Policy


Book Description

Law and Practice of the Common Commercial Policy provides a comprehensive analysis of the salient features of the European Union’s trade law and policy since the Treaty of Lisbon: legislation, case law, treaty making and institutional practice.




Constitutional Law of the EU’s Common Foreign and Security Policy


Book Description

The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.




Foreign Affairs and the EU Constitution


Book Description

"Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet: in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so: how? "Foreign Affairs and the EU Constitution" brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union"--




The Law of EU External Relations


Book Description

Annotation The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.




Constitutional Law of the EU's Common Foreign and Security Policy


Book Description

"The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes, that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world"--




Does Europe's Constitution Stop at the Water's Edge?


Book Description

Does Europe's Constitution Stop at the Water's Edge? examines the external policies of the EU from a perspective of European constitutionalism. This book offers an inquiry into the boundaries between law and policy in the diverse and ever expanding field of EU external relations. The main thesis is that, in a globalized world, EU external policies should be strongly predicated on constitutional orthodoxy, as the distinctions between the internal and the external are further collapsing. What is required is democratic and accountable government subject to the rule of law. Doctrines such as political-question, act-of-state, or acte du gouvernement are out of place in a changing world and in the forward-looking polity which the EU aspires to be.




The EU's Foreign Policy


Book Description

A very timely and topical volume concerned with the impact of the Lisbon Treaty on the European Union’s (EU) capacity to further develop a distinctive foreign policy in accordance with the various policy instruments necessary to fulfil its role as a global actor. This edited volume brings together a host of scholars in the fields of European Studies and International Relations whose contributions offer both innovative theoretical perspectives and new empirical insights. Overall, the book emphasizes the question of the EU’s evolving legitimacy and efficiency as a foreign policy and diplomatic actor on the regional and global stage. This shared concern is clearly reflected in the book’s three-pronged structure: Part 1 - the EU a controversial global political actor in an emergent multipolar world with contributions from A.Gamble, M.Telò and J.Howorth; Part 2 - After the Lisbon Treaty: the Common Foreign and Security Policy and the European External Action Service, includes chapters from C.Lequesne, C.Carta and H.Mayer; Part 3 - R.Gillespie, F.Ponjaert, G.Grevi, Z.Chen, H.Nakamura and U.Salma Bava assess the CFSP and the EU’s external relations in action. Foreword by S.E.M P. Vimont. As a result, the book is a useful and relevant contribution to European Union studies and International Relations’ research and teaching. It offers any interested party informed and comprehensive insights into EU foreign policy at a time when it seeks to undertake an increased role in World affairs and this despite economic crisis.