EU External Relations Law (Oxford European Union Law Library)

✍ Scribed by Piet Eeckhout

• Publisher: Oxford University Press
• Year: 2011
• Tongue: English
• Leaves: 623
• Edition: 2
• Category: Library

✦ Synopsis

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 competencies 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.

✦ Table of Contents

Cover
Contents
Table of Cases
Table of Legislation
List of Abbreviations
1. Introduction
Constitutional moment
Subject matter and methodology
Second Edition and Treaty of Lisbon
Part I—Constitutional Foundations: Competences and Objectives
2. Competence in matters of commercial policy
Introduction
Opinion 1/75 and the notion of exclusivity
The rise of UNCTAD and the broad conception of ‘trade’
The bipolar world of Commission v. Council
The internal market and external trade
The Uruguay Round and Maastricht
The joint competence settlement of Opinion 1/94
Trade and foreign policy
Trade and environment
The Treaty of Lisbon
Conclusions
3. The doctrine of implied powers
Introduction
The AETR case: implied versus conferred powers?
The parallelism approach of Opinion 1/76
The clarity of Opinion 2/91
The meanderings of Opinion 1/94
The limits of Opinion 2/94
The Open Skies cases
The consolidation of Opinion 1/03
The codification by the Lisbon Treaty
Conclusions
4. Express and implied competences under the TFEU
Introduction: external competences after Lisbon
Association agreements
Development co-operation and other co-operation policies
Environment
The internal market and transport
Social policy
Economic and Monetary Union
Area of freedom, security, and justice
Conclusions
5. Competence to conduct a Common Foreign and Security Policy
Introduction
CFSP objectives and competences
Delimitation of TEU and TFEU competences
Consistency
Conclusions
Part II—International Foundations: Treaties and International Law
6. The life cycle of international agreements
Introduction
Negotiations
Signature and conclusion
Implementation, amendment, and adoption of EU positions
Suspension and termination
Conclusions
7. Mixed external action and membership of international organizations
Introduction
Cause and practice of mixed agreements
Membership of international organizations
The duty of co-operation
Further issues
Conclusions
8. The courts and international agreements
Introduction
Requests for an Opinion
Preliminary rulings on questions of interpretation
Review of legality
Non-contractual liability
Enforcement actions
Methods of interpretation
Conclusions
9. The legal effects of international law
Introduction
Agreements concluded by the EU
General international law
Agreements binding on the Member States
Conclusions
Part III—Policies
10. Common commercial policy
Introduction
Principles
Instruments
Actors
Judicial review of commercial policy measures
Conclusions
11. Common Foreign and Security Policy
Introduction
Instruments
Actors
Conclusions
12. Sanctions policy
Introduction
A short history
Competence issues
Protection of fundamental rights
Interpretation and application
Conclusions
Index
A
B
C
D
E
F
G
H
I
J
L
M
N
P
Q
R
S
T
U
V
W