Trade, Foreign Policy, and Defence in EU Constitutional Law

Trade, Foreign Policy, and Defence in EU Constitutional Law PDF Author: Panos Koutrakos
Publisher:
ISBN: 9781472562272
Category : European Union countries
Languages : en
Pages : 243

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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

Trade, Foreign Policy, and Defence in EU Constitutional Law PDF Author: Panos Koutrakos
Publisher:
ISBN: 9781472562272
Category : European Union countries
Languages : en
Pages : 243

Get Book Here

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

Trade, Foreign Policy and Defence in EU Constitutional Law PDF Author: Panos Koutrakos
Publisher: Hart Publishing
ISBN: 1841131660
Category : Law
Languages : en
Pages : 276

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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

Foreign Affairs and the EU Constitution PDF Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1107037662
Category : Law
Languages : en
Pages : 557

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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

Law and Practice of the Common Commercial Policy PDF Author:
Publisher: BRILL
ISBN: 9004393412
Category : Law
Languages : en
Pages : 660

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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

Constitutional Law of the EU’s Common Foreign and Security Policy PDF Author: Graham Butler
Publisher: Bloomsbury Publishing
ISBN: 1509925961
Category : Law
Languages : en
Pages : 376

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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

Foreign Affairs and the EU Constitution PDF Author: Robert Schütze
Publisher:
ISBN: 9781316010860
Category : Electronic books
Languages : en
Pages : 522

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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

The Law of EU External Relations PDF Author: Pieter Jan Kuijper
Publisher: Oxford University Press
ISBN: 019875731X
Category : Law
Languages : en
Pages : 913

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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

Constitutional Law of the EU's Common Foreign and Security Policy PDF Author: Graham Butler
Publisher:
ISBN: 9781509925971
Category : Constitutional law
Languages : en
Pages : 348

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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?

Does Europe's Constitution Stop at the Water's Edge? PDF Author: Piet Eeckhout
Publisher: Europa Law Publishing
ISBN: 9789076871554
Category : Constitutional law
Languages : en
Pages : 46

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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 Law of EU External Relations

The Law of EU External Relations PDF Author: Pieter Jan Kuijper
Publisher: Oxford University Press
ISBN: 0191074594
Category : Law
Languages : en
Pages : 913

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Book Description
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. 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.