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Constitutional Issues of EU External Relations Law

Constitutional Issues of EU External Relations Law
Author: Eleftheria Neframi
Publisher: Nomos Verlagsgesellschaft
Total Pages: 0
Release: 2018
Genre: Law
ISBN: 9783848733996

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The present book invites the reader to rethink some questions raised in EU external relations law in the light of recent developments in the case law of the Court of Justice, from the perspective of the constitutional foundations of the Union. The various chapters invite the reader to take a look at the balance between the specific legal regime for EU external action and the constitutional fundamentals of the EU legal order such as: the principles of conferral, loyalty, and institutional balance, as well as the rule of law, democracy, and fundamental rights protection. The accommodation between specificity and fundamental principles is, thus, a transversal constitutional issue.


The Law of EU External Relations

The Law of EU External Relations
Author: Jan Wouters
Publisher: Oxford University Press
Total Pages: 625
Release: 2021-01-21
Genre: Law
ISBN: 0192640771

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The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.


EU External Relations Law

EU External Relations Law
Author: Piet Eeckhout
Publisher: OUP Oxford
Total Pages: 719
Release: 2011-05-26
Genre: Law
ISBN: 0191656054

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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.


EU External Relations Law

EU External Relations Law
Author: Piet Eeckhout
Publisher: OUP Oxford
Total Pages: 644
Release: 2011-05-26
Genre: Law
ISBN: 019162182X

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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.


The European Court of Justice and External Relations Law

The European Court of Justice and External Relations Law
Author: Marise Cremona
Publisher: Bloomsbury Publishing
Total Pages: 300
Release: 2014-09-25
Genre: Law
ISBN: 1782253254

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This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.


External Relations of the European Union

External Relations of the European Union
Author: Piet Eeckhout
Publisher: Oxford University Press, USA
Total Pages: 490
Release: 2005
Genre: Law
ISBN: 9780199287215

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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. 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 ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.


EU External Relations Law

EU External Relations Law
Author: Ramses A Wessel
Publisher: Bloomsbury Publishing
Total Pages: 560
Release: 2020-04-02
Genre: Law
ISBN: 1509926747

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The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.


EU External Relations Law

EU External Relations Law
Author: Bart Van Vooren
Publisher: Cambridge University Press
Total Pages: 621
Release: 2014-04-24
Genre: Law
ISBN: 1107031125

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Major new textbook on the law and practice of EU external relations. Broad coverage, clear navigation and innovative features throughout.


The European Court of Justice and External Relations Law

The European Court of Justice and External Relations Law
Author: Marise Cremona
Publisher: Bloomsbury Publishing
Total Pages: 471
Release: 2014-11-24
Genre: Law
ISBN: 184946832X

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This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.


EU Foreign Relations Law

EU Foreign Relations Law
Author: Marise Cremona
Publisher: Bloomsbury Publishing
Total Pages: 340
Release: 2008-07-25
Genre: Law
ISBN: 1847314392

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This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.