The EU and its Member States’ Joint Participation in International Agreements

The EU and its Member States’ Joint Participation in International Agreements
Author: Nicolas Levrat
Publisher: Bloomsbury Publishing
Total Pages: 328
Release: 2022-02-24
Genre: Law
ISBN: 150994589X

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

The EU and its member states' joint participation in international agreements

The EU and its member states' joint participation in international agreements
Author: Nicolas Levrat
Publisher: Hart Publishing
Total Pages:
Release: 2021
Genre: Constitutional law
ISBN: 9781509945900

"EU law has developed a unique and complex system under which the Union and its member states can both act under international law. Ultimately though, international law was not set up to deal with complex and hybrid arrangements, leading to confusion: a situation which no doubt will be further complicated by the UK's status after Brexit. This book looks at how EU law has learned to cope with the constraints of international law when dealing this joint participation. In an innovative scholarly approach, its methodology mirrors this duality with each chapter being written by a team of 2 authors. This offers a unique dual perspective on long debated questions. Anchored by this strong organising framework, the essays look at questions of: constitutional law, international law, joint participation and joint agreements. The collection is timely, as the a unique and complex system under which the Union and its member states can both act under international law is facing new challenges, not least in the face of Brexit."--

The EU Accession to the ECHR

The EU Accession to the ECHR
Author: Vasiliki Kosta
Publisher: Bloomsbury Publishing
Total Pages: 704
Release: 2014-12-01
Genre: Law
ISBN: 1782254471

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

EU External Relations Post-Lisbon

EU External Relations Post-Lisbon
Author:
Publisher: BRILL
Total Pages: 469
Release: 2020-07-13
Genre: Law
ISBN: 900442198X

Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.

Foreign Affairs and the EU Constitution

Foreign Affairs and the EU Constitution
Author: Robert Schütze
Publisher: Cambridge University Press
Total Pages: 557
Release: 2014-10-16
Genre: Law
ISBN: 1107037662

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

Interactions Between EU Law and International Law

Interactions Between EU Law and International Law
Author: Tamás Molnár
Publisher: Edward Elgar Publishing
Total Pages: 329
Release: 2024-10-03
Genre: Law
ISBN: 1800888767

Juxtaposing perspectives, this insightful book brings together the various dimensions of the relationship between EU law and international law. As the multifaceted interplay between these two legal orders has become increasingly complex with expanding EU policy areas and the development of the EU as a global (normative) actor, this book offers a timely contribution to this important field of study.

The accession of the European Union to the European Convention on Human Rights

The accession of the European Union to the European Convention on Human Rights
Author: Johan Callewaert
Publisher: Council of Europe
Total Pages: 107
Release: 2014-01-01
Genre: Political Science
ISBN: 9287179700

Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.