EU External Relations Law: The Cases in Context

✍ Scribed by Graham Butler; Ramses A Wessel (editors)

• Publisher: Hart Publishing
• Year: 2022
• Tongue: English
• Leaves: 1047
• Category: Library

✦ Synopsis

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field.
The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field’s emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but, more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; and the scope and breadth of international agreements; amongst others.
The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

✦ Table of Contents

Outline Table of Contents
Detailed Table of Contents
List of Contributors
List of Abbreviations
EU External Relations Law and Navigating the Case Law of the Court of Justice of the European Union
I. EU External Relations Law
II. Celebrating Half a Century of EU External Relations
III. About the Book
IV. Acknowledgements
V. The Future
1. Implied Powers of the EU, Limits to Political Expediency and Internationally Inspired Pragmatism: Commission v Council (ERTA)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
2. International Agreements in the EU Legal Order: International Fruit
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
3. International Agreements as an Integral Part of EU Law: Haegeman
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
4. Common Commercial Policy and the Determination of Exclusivity: Opinion 1/75 (Local Cost Standard)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
5. The EU Customs Union, International Agreements of EU Member States, and the Doctrine of Substitution: Nederlandse Spoorwegen
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
6. Establishing Direct Effect of Provisions in International Agreements: Bresciani
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
7. Refining and Expanding Implied Powers of the Union: Kramer
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
8. Linking Internal and External Trade in a Perfect Customs Union: Donckerwolcke
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
9. EU External Competence in the Absence of Internal Rules, and the Sleeping Beauty: Opinion 1/76 (Laying Up Fund for Inland Waterway Vessels)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
10. The Birth of the Principle of Close Cooperation, Declaration of Competences, and the Ruling Procedure: Ruling 1/78 (Convention on Nuclear Protection)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
11. Defining the Scope of the Treaty-Making Competence for the Formulation of the Common Commercial Policy: Opinion 1/78 (Natural Rubber)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
12. International Agreements Concluded by Member States Prior to their EU Accession: Burgoa
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
13. The Purpose of International Agreements and their Direct Effect: Polydor
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
14. Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
15. The EU's Common Customs Tariff, Uniform Application of International Agreements, and the Demarcation between EU and Member State 'Spheres of International Law': SPI/SAMI
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
16. Direct Effect of Association Agreements and the Meaning of 'Association': Demirel
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
17. Judicial Review of EU Measures in the Light of WTO Rules: Fediol and Nakajima
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
18. The Integration of Decisions of Association Councils in EU Law: Greece v Commission (Special Aid to Turkey)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
19. The Legal Effects of Decisions of Autonomous Bodies Established under an International Agreement: Sevince
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
20. The Union's Participation in Legally Binding International Third-Party Dispute Settlement: Opinion 1/91 (EEA I) and Opinion 1/92 (EEA II)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
21. Setting the Multiple Functions of Customary International Law in the EU Legal Order: Poulsen
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
22. ERTA, Mixity and the Duty of Cooperation in the Conclusion of International Agreements: Opinion 2/91 (ILO Convention)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
23. The Reviewability of Acts Adopted by the Member States Meeting within the Council: Parliament v Council and Commission (Bangladesh Aid)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
24. Legality of the European Development Fund and the European Parliament's Prerogatives: Parliament v Council (European Development Fund)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
25. Unrecognised 'States' and EU Law: Anastasiou I
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
26. No General Treaty-Making Power of the Commission to Conclude International Administrative Agreements: France v Commission I
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
27. Consistent Interpretation and Continuous Dialogue between the EU and the WTO: Germany v Council (Bananas)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
28. A Setback in a Never-Ending Expansion to External Competence? Opinion 1/94 (WTO)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
29. The Scope of the Union's Exclusive External Competences and the Verification of Competence: Opinion 2/92 (OECD)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
30. Unilateral Measures of Member States Affecting the Internal Market and the Law/Politics Divide in External Relations: Commission v Greece (FYROM)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
31. EU Membership in International Organisations and the Joint Exercise of Membership Rights: Commission v Council (FAO)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
32. The First Attempt at EU Accession to the ECHR: Opinion 2/94
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
33. Enforcement of International Sanctions within the EU Legal Order: Bosphorus
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
34. Scope of EU Development Policy: Portugal v Council (India Cooperation Agreement)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
35. Legal Certainty and Customary International
Law: Opel Austria
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
36. Invoking Customary International Law before the Court: Racke
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
37. The Effect of WTO Law in the EU Legal Order: Portugal v Council
Keywords
I. Introduction AND THE CASE LAW BEFORE PORTUGAL V COUNCIL
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
38. The Member States' Duty to Denounce Anterior Treaties: Commission v Portugal (Maritime Policies)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
39. The Relationship between the Common Commercial Policy and Other External Competences of the EU: Opinion 2/00 (Cartagena Protocol)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
40. Autonomy of the EU Legal Order and International Agreements Extending the Acquis: Opinion 1/00 (European Common Aviation Area)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
41. Clarification of Exclusive Implied External Competence of the Union: Open Skies
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
42. Respect for Institutional Balance in the Adoption of Non-legally Binding Agreements: France v Commission II
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
43. The Effect of WTO Dispute Settlement Body Decisions in EU Law: Van Parys
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
44. Direct Effect of the EU-Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
45. The Indissociable Link between Environmental Policy and the Common Commercial Policy: Commission v Council (Rotterdam Convention I)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
46. Lowering the Threshold for Finding Implied Powers: Opinion 1/03 (Lugano Convention)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
47. The Exclusive Jurisdiction of the Court and International Courts: Commission v Ireland (Mox Plant)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
48. Judicial Protection in Autonomous Restrictive Measures Involving Composite Administrative Procedures: OMPI
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
49. The Autonomy of EU Law vis-a-vis International Law: Kadi I and Kadi II
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
50. Laying the Foundation for a Broad Scope of EU Development Cooperation Policy and its Delimitation with Other EU External Competence: Parliament v Commission (Philippines Border Management)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
51. The Pre-Lisbon Machinery for the Delimitation of the CFSP: Commission v Council (ECOWAS)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
52. The Legal Effects of the MARPOL Convention and the UN Convention on the Law of the Sea: Intertanko
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
53. Implied External Exclusivity and the Duty of Loyal Cooperation in International Organisations: Commission v Greece (International Maritime Organisation)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
54. Visa Requirements for Turkish Citizens: Soysal & Savatli and Demirkan
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Cases
V. Additional Reading
55. The Application of EU Law in an Unrecognised Entity: Apostolides v Orams
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
56. Potential Incompatibility of International Agreements Concluded by Member States before Accession: Commission v Austria, Commission v Sweden and Commission v Finland
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
57. The Application of EU International Agreements to Occupied and Disputed Territories: Brita
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
58. Union Loyalty in Mixed External Relations and the Weight of Informal Preparatory Acts: Commission v Sweden (PFOS)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
59. The Ambivalent Clarification of the Effects of International Conventional and Customary Law in the European Union: Air Transport Association of America
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
60. The Choice of Legal Basis between the AFSJ and the CFSP: Parliament v Council (Smart Sanctions)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
61. Common Commercial Policy or Internal Market Rules as the Legal Basis for the Conclusion of International Agreements after Lisbon: Commission v Council (Conditional Access Convention)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
62. The Choice of Legal Basis for Coordination of Social Security Systems with Associated Third Countries: UK v Council (EEC-Turkey)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
63. Jurisdiction of the EU Courts in the CFSP when Linked to the EU Budget: Elitaliana
Keywords
I. Introduction
II. Facts
III. The EU Courts
IV. The Importance of the Case
V. Additional Reading
64. Intellectual Property and the Post-Lisbon Common Commercial Policy: Daiichi Sankyo
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
65. The Application of EU Internal Competences in an External Context: UK v Council (EEA)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
66. The Normalisation of CFSP International Agreements in the EU Legal Order: Parliament v Council (Mauritius) and Parliament v Council (Tanzania)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
67. The Legal Basis for International Agreements in the field of Development Cooperation Post-Lisbon, and its Potential as a Catch-All Provision: Commission v Council (Philippines PCA)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
68. Member States as Trustees of the Union in International Organisations: Germany v Council (OIV)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
69. The ERTA Doctrine Post-Lisbon: Opinion 1/13 (Convention on the Civil Aspects of International Child Abduction)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
70. The Second Attempt at EU Accession to the ECHR: Opinion 2/13
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
71. The Impact of Obligations under International Agreements on the (Judicial) Review of EU Measures: Stichting Natuur en Milieu and Pesticide Action Network Europe
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
72. Hybrid Acts of the EU and its Member States Concerning International Agreements: Commission v Council (US Air Transport Agreement)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
73. Balancing Institutional Powers in Negotiating Directives and EU External Environmental Relations: Commission v Council (Australia ETS)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
74. EU Representation in International Litigation: Council v Commission (International Tribunal for the Law of the Sea)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
75. The Compatibility of EU International Agreements Extending to Occupied Territories with International Law: Front Polisario and Western Sahara Campaign UK
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Cases
V. Additional Reading
76. The Scope of the Court's Jurisdiction in the CFSP: H v Council and Others
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
77. Institutional Balance in the Conclusion of Non-binding International Agreements Revisited: Council v Commission (Swiss MoU)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
78. The Concept of (Non-)Commerciality and the ERTA Doctrine Post-Lisbon: Opinion 3/15 (Marrakesh Treaty)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
79. Attribution of Authorship of 'EU' Legal Acts: NF and Others v European Council
Keywords
I. Introduction
II. Facts
III. The Courts
IV. The Importance of the Case
V. Additional Reading
80. The Absence of Rights to Humanitarian Visas, and Missions of EU Member States in Third Countries: X and X v Belgium
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
81. Securing a Coherent System of Judicial Protection in Relation to Restrictive Measures: Rosneft
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
82. The EU Competence to Conclude the New Generation of Free Trade Agreements: Opinion 2/15 (EU-Singapore FTA)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
83. International Agreements Assessed Through the Prism of the Charter of Fundamental Rights: Opinion 1/15 (EU-Canada PNR)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
84. The Unitary Representation of the Union in an International Forum and Clarification of Shared Competence and Facultative Mixity Post-Lisbon: Germany v Council (COTIF I) and Commission v Germany (COTIF II)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Cases
V. Additional Reading
85. The Web of Autonomy of the EU Legal Order: Achmea
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
86. The Delineation between CFSP and Non-CFSP Matters: Commission v Council (Kazakhstan)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
87. Mixity and Exercising Shared Competence in International Fora: Commission v Council (Antarctic Marine Protected Areas)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
88. Investor–State Dispute Tribunals Established under EU International Agreements: Opinion 1/17 (EU–Canada CETA)
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
89. Ensuring Respect for International Humanitarian Law Through Labelling Requirements: OJE and Vignoble Psagot
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
90. Inter se Agreements between Member States, and the Outer Limits of the Court's Jurisdiction in Infringement Proceedings: Slovenia v Croatia
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
91. Jurisdiction of the Court for Non-contractual Liability and Actions for Damages Claims within the CFSP: Bank Refah Kargaran
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading
92. The Right of Third States to Challenge EU Restrictive Measures before the Court: Venezuela v Council
Keywords
I. Introduction
II. Facts
III. The Court
IV. The Importance of the Case
V. Additional Reading