Structural Principles in EU External Relations Law

✍ Scribed by Marise Cremona (editor)

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 335
• Category: Library

✦ Synopsis

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of ‘structural principles’ as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

✦ Table of Contents

Contents
List of Contributors
List of Abbreviations
Part I: The Concept of Structural Principles
1. Structural Principles and their Role in EU External Relations Law
I. Introduction
II. Absence of a Telos in Eu External Policy
III. Concept of Structural Principles
IV. A Tentative Typology of Structural Principles
V. Conclusion
2. Structural Principles in EU Law: Internal and External
I. Reference to Structure in Eu Law
II. Structural Principles: Internal
III. Structural Principles: External
IV. Reversal of Structural Styles
V. Conclusion
3. Enforcement of and Compliance with Structural Principles
I. Introduction
II. Four Claims
III. A Bird’s-Eye View on the Enforcement Processes Consolidated so Far: A Basic Divide
IV. Rationales
V. Explanations
VI. Perspectives: Enforcement of Structural Principles as a Project of Institutional Design
Part II: Relational Principles
4. To Give or To Grab: The Principle of Full, Crippled and Split Conferral of Powers Post-Lisbon
I. Introduction
II. Quest for Control of the Principle of Conferral
III. Special Modalities of Conferral
IV. Conclusion
5. Subsidiarity as a Structural Principle Governing the use of EU External Competences
I. Introduction
II. Subsidiarity as a Structural Principle Governing the use of Union Competences
III. Subsidiarity as a Structural Principle Governing the use of Union External Competences
IV. Conclusion
6. Conferral, Cooperation and Balance in the Institutional Framework of EU External Action
I. Introduction
II. Foundations and Articulation
III. Interactions and Application
IV. Conclusion
7. Pars Pro Toto: The Member States’ Obligations of Sincere Cooperation, Solidarity and Unity
I. Introduction
II. The European Union and its Member States: A Special Relationship
III. Origin and Content
IV. Extent and Main Manifestations
V. Limits of Cooperation and Solidarity
VI. Conclusion
8. The Principle of Transparency in EU External Relations Law: Does Diplomatic Secrecy Stand a Chance of Surviving the Age of Twitter?
I. Secrecy as a Paradigm in Foreign Relations
II. EU Transparency Regime and Secrecy
III. Recent Case-Law on Transparency in External Relations
IV. Time for a New Paradigm?
9. The Rule of Law as a Relational Principle Structuring the Union’s Action Towards its External Partners
I. Introduction
II. Obligation to Respect the Rule of Law when EU Acts Externally
III. What Does it Mean to Respect the Rule of Law when the EU Acts Externally?
IV. Rule of Law From Paper to Operationalisation: Structuring EU External Action
V. Conclusion
Part III: Systemic Principles
10. ‘Building Coherent EU Responses’: Coherence as a Structural Principle
in EU External Relations
I. Introduction
II. Making Sense of ‘An Obsession’
III. Coherence as the ‘Dreamed’ Outcome
IV. Coherence as a Principle
V. Concluding Remarks
11. The Search for Effectiveness and the Need for Loyalty in EU External Action
I. Introduction
II. Foundations and Role of the Principle of Effectiveness in the Internal EU Legal Order
III. Effectiveness in the Context of External Action
IV. Conclusion
12. The Principle of Autonomy: An Adolescent Disease of EU External Relations Law?
I. Introduction
II. Autonomy in International Law
III. Autonomy and Judicial Competition
IV. Autonomy and Norms Originating Outside the EU
V. Conclusion: Evolution of Autonomy
Index