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Constitutional Law of the EU’s Common Foreign and Security Policy: Competence and Institutions in External Relations

Constitutional Law of the EU’s Common Foreign and Security Policy: Competence and Institutions in External Relations

Author: Graham Butler
Publisher: Hart Publishing
ISBN: 9781509952045

Published In: May 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509925940

List Price: RM315.83

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Description
Contents

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The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional.

In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage.

In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world.

Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo,ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; and, Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020.

1. The Constitutionalised Regime of the Common Foreign and Security Policy

1.1. Introduction

1.2. Approach

1.3. Conclusion

2. The History of the Common Foreign and Security Policy

2.1. Introduction

2.2. Formative Days, Pillarisation, and Modern Times

2.3. The Divide between CFSP Matters and Non-CFSP Matters

2.4. Conclusion

3. The EU Legal Order and the Common Foreign and Security Policy

3.1. Introduction

3.2. Non-parliamentary and Judicial Actors