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Constitutional Principles of EU External Relations

Constitutional Principles of EU External Relations

Author: Gert De Baere
Publisher: Oxford University Press
ISBN: 9780199546688
Published In: September 2008
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
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External relations law occupies an important position in the overall development of the EU, and in the process of its treaty-building activities
Provides a theoretical backdrop to underpin this complex and rapidly changing area of European law
Cross-disciplinary interest: EU politics and International Relations in addition to EU law

The volume explores the marked differences between the complex and rapidly changing legal organization of EU external relations and the EU's 'internal' constitutional order.

The European Union is unique as a polity organized along federal lines but with fully fledged States as its component political entities. The tension between the self-conscious Member States and their constitutional relationship within the EU is especially pronounced in the foreign policy field, where they remain determined to assert their status as full subjects of the international order. This book explores how foreign policy fits within the constitutional structure of the EU, characterized by the division of external relations competences between the EU and the Member States ('the vertical axis'), and between the 'pillars' of which the Union is composed, in particular the division between the Community competences of the first pillar and the common foreign and security competences of the second pillar ('the horizontal axis').

This is a study of the extent to which foreign policy is legally sui generis within the sui generis constitutional order of the EU, and of how the common foreign and security policy is in turn sui generiswithin the foreign policy structure of the Union. It provides both an exploration of the constitutional reality of EU foreign policy and theoretical analysis which suggests possibilities for reform.

Readership: Scholars and advanced students in EU external relations law, EU constitutional law, international institutional law, and interested scholars of international relations

Preface
List of Abbreviations
Table of Legal Instruments and Other Documents
Table of Cases and Opinions
Introduction
Part I: EC External Relations
1: Conferral
2: Vertical Conflict Resolution in EC External Relations: Exclusivity and Non-exclusivity
3: The Community Method
Part II: The Common Foreign and Security Policy
4: CFSP v. EC External Relations
5: Democracy and the Rule of Law in EU Foreign Policy
6: The Dichotomy Between EC External Relations and the CFSP
Part III: Managing The Vertical and Horizontal Axes
7: Managing the Vertical Axis
8: Managing The Horizontal Axis: Horizontal Consistency
Part IV: Conclusions
9: The Constitutional Particularities of EU Foreign Policy
10: EU Foreign Policy, Identity, and Law
Bibliography

Geert De Baere, Chambers of Advocate General Sharpston, Court of Justice of the European Communities and postdoctoral research associate, University of Antwerp