Suchergebnisse

The European Union has extensive competences to engage with the world beyond its borders. Therefore, the UK's own relationships with non-EU countries are deeply embedded in the EU institutional framework, and the process of Brexit will require substantial legal reform in the UK. The term 'external relations' in fact covers an extremely wide set of policies which rely on a diverse set of legal competences. For this reason, we tend not to use the term 'foreign policy' unless this refers to the 'political' as opposed to 'economic' aspects, though even these are not always easily separated. 'External relations' is taken to cover the Common Commercial Policy, the powers of the EU to make agreements with 'third' – i.e. non-EU – countries, neighbourhood policy, development policy, relations with international institutions and what is known as the 'external dimension of internal policies'. The latter refers to a long-standing legal principle set out by the Court of Justice in Case 22-70 AETR, under which the EU has implied external competence where it enjoys internal competence. In addition to the wide variety of external competences which are scattered throughout the treaties, the legal instruments and institutional arrangements which apply across these areas are not the same throughout. This makes external relations a particularly complex area which the UK will need to extract itself from. We will address two of the main focal points of EU external relations: the CCP and the CFS.

Cover -- Half title -- Title -- Copyright -- Contents -- Table of cases -- Table of instruments and legislation -- Preface -- Three guiding perspectives to EU external relations law -- First perspective: coherence of the EU as an international actor -- Second perspective: politics, policy and European integration -- Third perspective: the role of law vis-à-vis the first two perspectives -- Acknowledgements -- Abbreviations -- 1 The EU as a global legal actor -- 1 Central issues -- 2 The nature of the EU as an international actor -- (i) An international organization or something else? -- (ii) The EU and its Member States in the international legal order -- 3 The architecture of EU external relations in the Treaties -- (i) The Treaty on European Union: a bird's-eye view -- (a) Conferral, loyalty and institutional balance -- (b) Values, objectives and coherence -- (c) The special nature of the CFSP and the TEU-TFEU relationship -- (ii) Treaty on the Functioning of the Union and external relations: a bird's-eye view -- (a) Provisions pertaining to EU external competence -- (b) Protocols and Declarations -- 4 Introducing the key players -- (i) The European External Action Service and the High Representative -- (ii) The European Council -- (iii) The Council -- (iv) The Commission -- (v) The European Parliament -- (vi) The Court of Justice -- (vii) The Member States -- 5 The Broader picture of EU external relations law -- Sources and further reading -- 2 Instruments of EU external action -- 1 Central issues -- 2 A typology of instruments of EU external action -- 3 EU internal instruments -- (i) Hard law in EU external relations -- (ii) Soft law in EU external relations -- 4 International agreements -- (i) The legal nature of international agreements -- (ii) Express and implied competences -- (iii) Concluding international agreements.

This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles and actors of external policies, and on the legal effects of international agreements and international law.

External relations is among the most dynamic areas of EU law its constitutional foundations profoundly affected by the Reform Treaty. This volume gathers leading analysts to assess core developments in the field, including the coherence of the EU's activity, its development policy and its contribution to international law

Part I: The Concept of Structural Principles -- 1. Structural Principles and their Role in EU External Relations Law -- Marise Cremona -- 2. Structural Principles in EU Law: Internal and External -- Loïc Azoulai -- 3. Enforcement of and Compliance with Structural Principles -- Edoardo Chiti -- Part II: Relational Principles -- 4. To Give or To Grab: The Principle of Full, Crippled and Split Conferral of Powers Post-Lisbon -- Inge Govaere -- 5. Subsidiarity as a Structural Principle Governing the use of EU External Competences -- Geert De Baere -- 6. Conferral, Cooperation and Balance in the Institutional Framework of EU External Action -- Christophe Hillion -- 7. Pars Pro Toto: The Member States' Obligations of Sincere Cooperation, Solidarity and Unity -- Joris Larik -- 8. The Principle of Transparency in EU External Relations Law: Does Diplomatic Secrecy Stand a Chance of Surviving the Age of Twitter? -- Päivi Leino -- 9. The Rule of Law as a Relational Principle Structuring the Union's Action Towards its External Partners -- Ilaria Vianello -- Part III: Systemic Principles -- 10. 'Building Coherent EU Responses': Coherence as a Structural Principle in EU External Relations -- Mireia Estrada Cañamares -- 11. The Search for Effectiveness and the Need for Loyalty in EU External Action -- Anne Thies -- 12. The Principle of Autonomy: An Adolescent Disease of EU External Relations Law? -- Jed Odermatt

EC external relations -- Vertical conflict resolution in EC external relations : exculsivity and non-exclusivity -- The community method -- The CFSP in contrast with EC External Relations -- Democracy and the rule of law in EU foreign policy -- The Dichotomy between EC external relations and the CFSP -- Managing the vertical axis -- Managing the horizontal axis

This Working Paper is a collection of contributions presented during the Workshop "Framework for Economic Development in EU External Relations" on 22nd and 23rd January 2010. The contributions explore various facets of what is known as economic development and what with time has incorporated many new aspects and developed links with other policy fields. Starting off with the traditional realm of the development policies - trade - the paper shifts to explore how the solely economic notion of development has been enhanced through the introduction of the concept of sustainable development, and how this concept was integrated into two policy areas - that of migration and human rights. Each of the contributors provides an in-depth analysis of a respective facet which build up a very complex picture of what economic development in EU external relations has become