EU External Relations Law and Policy in the Post-Lisbon Era

EU External Relations Law and Policy in the Post-Lisbon Era
Author: Paul James Cardwell
Publisher: Springer Science & Business Media
Total Pages: 439
Release: 2011-11-17
Genre: Law
ISBN: 9067048232

This is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the ‘pillar’ structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of ‘internal’ security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.

EU External Relations Law and the European Neighbourhood Policy

EU External Relations Law and the European Neighbourhood Policy
Author: Bart Van Vooren
Publisher: Routledge
Total Pages: 376
Release: 2012-07-26
Genre: Law
ISBN: 1136510311

The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.

The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy
Author: Martin Trybus
Publisher: Edward Elgar Publishing
Total Pages: 553
Release: 2012-01-01
Genre: Law
ISBN: 085793256X

'After Lisbon the EU has reached a new precarious stage in its development. New institutions have been created and policies reformed. The different chapters of this book cover the most important innovations, while providing a fresh critical assessment of the shortcomings of the present arrangements. Works are always in progress at the EU site and the authors provide the future architects of this grand building as well as the academic community with much food for thought.' – Roberto Caranta, University of Turin, Italy This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union. Divided into six parts, the 23 chapters provide 'after Lisbon' perspectives on law and governance of the EU, its powers and nature, the Charter of Fundamental Rights, EU external action and policy, justice and criminal policy, and economic governance. The authors, drawn from eleven EU Member States, offer a uniquely diverse and extensive coverage of the new EU law and policy after Lisbon. The book argues that while the Treaty of Lisbon has to be considered a milestone in the history of European integration, its shortcomings and open questions will make a future major treaty inevitable. The Treaty of Lisbon and the Future of European Law and Policy will appeal to postgraduate students and academics in European law and policy, EU institutions, diplomatic missions, lobbying, NGOs, specialised lawyers and governments.

The SAGE Handbook of European Foreign Policy

The SAGE Handbook of European Foreign Policy
Author: Knud Erik Jorgensen
Publisher: SAGE
Total Pages: 1081
Release: 2015-04-30
Genre: Political Science
ISBN: 1473914434

During the last two decades the study of European foreign policy has experienced remarkable growth, presumably reflecting a more significant international role of the European Union. The Union has significantly expanded its policy portfolio and though empty symbolic politics still exists, the Union’s international relations have become more substantial and its foreign policy more focused. European foreign policy has become a dynamic policy area, being adapted to changing challenges and environments, such as the Arab Spring, new emerging economies/powers; the crisis of multilateralism and much more. The SAGE Handbook of European Foreign Policy, Two-Volume set, is a major reference work for Foreign Policy Programmes around the world. The Handbook is designed to be accessible to graduate and postgraduate students in a wide variety of disciplines across the humanities and social sciences. Both volumes are structured to address areas of critical concern to scholars at the cutting edge of all major dimensions of foreign policy. The volumes are composed of original chapters written specifically to the following themes: · Research traditions and historical experience · Theoretical perspectives · EU actors · State actors · Societal actors · The politics of European foreign policy · Bilateral relations · Relations with multilateral institutions · Individual policies · Transnational challenges The Handbook will be an essential reference for both advanced students and scholars.

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

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.

Constitutional Law of the EU’s Common Foreign and Security Policy

Constitutional Law of the EU’s Common Foreign and Security Policy
Author: Graham Butler
Publisher: Bloomsbury Publishing
Total Pages: 420
Release: 2019-10-03
Genre: Law
ISBN: 1509925953

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; 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; Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021; and, Opinion of Advocate General Tamara Capeta in Joined Cases C-29/22 P and C-44/22 P, KS, KD v Council of the European Union, European Commission, and European External Action Service (EEAS), and European Commission v KS, KD, Council of the European Union, and European External Action Service (EEAS), ECLI:EU:C:2023:901, Court of Justice of the European Union (Grand Chamber), 23 November 2023.

European Foreign Policy

European Foreign Policy
Author: Panos Koutrakos
Publisher: Edward Elgar Publishing
Total Pages: 309
Release: 2011-01-01
Genre: Political Science
ISBN: 1849808619

Like early mariners, politicians and officials trying to navigate European foreign policy find themselves in an environment of unpredictable hazards hidden institutional shoals, and legal reefs that can tear the bottom out of a policy. This insightful collection of contrasted studies shines the twin beams of political science and legal analysis into these opaque depths. Practitioners as well as scholars will benefit from the illumination. Nick Witney, European Council on Foreign Relations and Former Chief Executive of the European Defence Agency, UK This collection on EU foreign policy is an attractive one for several reasons: it contains a very nice set of essays on a topic which has loomed large on the European Union agenda for some years, namely the international role of the EU. The chapters are written by a range of interesting and eminent scholars in the field. Most importantly in terms of its distinctive contribution, the book brings together perspectives from law and from political science. This is done in part by including chapters by authors from different disciplines but also by choosing cross-pillar themes and topics such as the European Neighbourhood Policy, EU policy on Kosovo, security and defence policy, as well as more general cross-cutting themes like the idea of coherence , the position of the EU within international organizations, and the approach of the EU to the international legal order. Each of the individual chapters is well worth reading, and the book as a whole is a useful and interesting contribution to the existing literature. Gráinne de Búrca, Harvard Law School, US Written by leading experts, this book focuses on central issues of the foreign policy of the European Union. The issues explored include: how the EU s judges understand its relationship with the international order; the coherence of the Union s external action; the EU s approach to its neighbours; the Common Security and Defence Policy; and, the EU s participation in international organisations. By addressing each topic from a legal, political science and international relations standpoint, this relevant book highlights the different perspectives that these disciplines bring to the central issues of the EU s foreign affairs, and starts a conversation between the respective communities. Scholars and students in European and international law, politics, and international relations will find this book insightful. It will also prove timely for policy-makers in the EU and international organisations, as well as think tanks and non-governmental organisations specialising in European affairs.

European Defence Cooperation in EU Law and IR Theory

European Defence Cooperation in EU Law and IR Theory
Author: T. Dyson
Publisher: Springer
Total Pages: 150
Release: 2013-05-07
Genre: Political Science
ISBN: 1137281308

This book offers a novel contribution to the study of post-Cold War European defence. Interdisciplinary in approach, it uses European law to assess the utility of existing theoretical accounts. By exploring the balance of threat theory, it provides new insights into the forces driving and hindering European defence cooperation.

The European Neighbourhood Policy and the Democratic Values of the EU

The European Neighbourhood Policy and the Democratic Values of the EU
Author: Nariné Ghazaryan
Publisher: Bloomsbury Publishing
Total Pages: 395
Release: 2014-10-01
Genre: Law
ISBN: 1782252134

This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.

A Constitutional Order of States?

A Constitutional Order of States?
Author: Anthony Arnull
Publisher: Bloomsbury Publishing
Total Pages: 583
Release: 2011-03-03
Genre: Law
ISBN: 1847317812

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.