Suchergebnisse

This Article introduces our study into the operation of administrative law in EU external relations by introducing its general themes and fields of study. It starts by characterising the EU as a global actor and by illustrating how EU administrative law has developed in general, and in the area of external relations in particular. It then moves to examine the instrumental role that admin-istrative law plays in advancing the EU's external policy objectives, and the difficulties involved, fol-lowing from the general way in which many of these objectives have been defined. Building on Bovens' definition of accountability, we lay down a main framework for studying accountability in this context, and its different dimensions studied in the individual Articles: legal, political, financial, administrative and social. This Article then provides a general comparison of administrative action in the area of external action, building on general typologies of EU administrative action, with a view to laying the ground for an examination of the extent to which external relations is special. Finally, it closes with a brief introduction to one of the key themes in this Special Section: the scope of institutional discretion, and its link to the overall accountability of EU action in this area. ; published version ; peerReviewed

This short Article draws together some conclusions based on the contributions to the Special Section "The New Frontiers of EU Administrative Law: Is there a Gap in EU External Relations?". It concludes first that external action is a rich field in the application of EU administrative law. External policies are implemented and given effect through legal instruments and legally-prescribed procedures (including financial procedures) developed and controlled by administrative law and the Court of Justice. Second, as a result of mapping the types of administrative action in external policy fields we conclude that while the pattern of administrative action is shared with EU action more generally some distinctive types of external executive action can be identified, and external action demonstrates some distinctive qualities resulting in part from the multiplicity of actors and fora (including external) involved. Third, we conclude that despite very broad discretion in the implementation of policies the EU institutions are subject to administrative and legal constraints, including through the development of procedures in legislation, non-binding instruments and administrative practice. The Court has proved willing both to enforce procedural rules laid down in legislation and to require compliance with procedural principles such as the duty of care. ; published version ; peerReviewed

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

What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the fundamental principles of the EU? The first part of the collection explores the EU's approach to the regulation of scientific and technological risk, and the link between the regulation of technology and the internal market. In detail, the chapters analyse the interaction between EU law, bioethics and medical and health technologies. The second part of the collection enhances on this, and the chapters scrutinize specific policy areas in order to explain the alternate ways in which EU policy and technology cooperate. --Book flap

What is the nature of the relationship between the fields of new technology and EU law? What challenges do new technologies pose for the internal market and the principles of the EU? These questions are explored with reference to specific fields of technology and policy areas in order to understand this relationship and its challenges

ASEAN is coming of age as an international actor and international treaty-maker. To date, more than two hundred external agreements and other instruments have been concluded in the name of ASEAN. This book provides the first systematic account of the legal framework governing ASEAN's burgeoning external relations practice. It focuses in depth on ASEAN's wide-ranging mandate to promote its values and principles in the wider region and beyond, as well as the highly intergovernmental, and at times haphazard, handling of the bloc's relations with the outside world. Furthermore, it reveals that there are two basic meanings of ASEAN in its international dealings, which have important implications under international law: ASEAN as an international organisation with its own legal personality and ASEAN as the collectivity of its member states. This timely and thoughtful book is a valuable resource for practitioners and scholars of international law, ASEAN law, international relations, regional integration and governance

The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed sophisticated enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

Offering an analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU, this book addresses the underlying systemic issues, confronting core tensions at the heart of the EU's social and economic policy.

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

Published online: 06 February 2018 ; This comment analyses the legal context and significance of the Opinion handed down by the Court of Justice on 16 May 2017 on the envisaged free trade agreement between the EU and Singapore. At the heart of the Opinion are questions over competence, in particular the scope of the post-Lisbon common commercial policy, but including also the extent to which trade agreements may encompass provisions on sustainable development, regulatory issues and investor-state dispute settlement. The Singapore agreement is an example of the EU's current generation of 'deep and comprehensive' trade agreements that represent the core of EU trade policy, and the Court's Opinion is thus important not only for the future of the Singapore Agreement itself, but for future trade agreements (including a possible future EU-UK agreement).