Constitutional Principles of EU External Relations
The volume explores the marked differences between the complex and rapidly changing legal organization of EU external relations and the EU's 'internal' constitutional order.
The European Union is unique as a polity organized along federal lines but with fully-fledged States as its component political entities. The tension between the self-conscious Member States and their constitutional relationship within the EU is especially pronounced in the foreign policy field, where they remain determined to assert their status as full subjects of the international order. This book explores how foreign policy fits within the constitutional structure of the EU, characterized by the division of external relations competences between the EU and the Member States ('the vertical axis'), and between the 'pillars' of which the Union is composed, (the division between the Community competences of the first pillar and the common foreign and security competences of the second pillar ('the horizontal axis')).
This is a study of the extent to which foreign policy is legally sui generis within the sui generis constitutional order of the EU, and of how the common foreign and security policy is in turn sui generis within the foreign policy structure of the Union. It provides both an exploration of the constitutional reality of EU foreign policy and theoretical analysis which suggests possibilities for reform.
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Table of Legal Instruments and Other Documents
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adopted Amsterdam Treaty application argued aspects CML Rev Commission 2006 Commission v Council Common Foreign Common Position common strategies Community law Community to conclude concerning Constitutional Foundations 2004 Council and Commission Council Decision Council Joint Action Court of Justice Cremona development cooperation EC Treaty Eeckhout ERTA European Community European Council European Economic Community European Parliament European Union 2005 European Union Law External Relations 2000 Foreign and Security foreign policy framework Hillion eds HRUFASP Human Rights Ibid implementation implied external competences International Labour Organization international organizations International Relations Law jurisdiction Koutrakos Legal and Constitutional legal basis legal order legislative Lenaerts measures Member Mixed Agreements negotiations Nuffel paras PhD Dissertation 2005 political principle of conferral procedure provisions RA Wessel regard Regulation EC Relations Law 2006 role second pillar Security and Defence Security Policy specific third countries Treaty of Lisbon Treaty of Maastricht Treaty on European Ukraine Xenopoulos