EU External Relations Law: The Cases in Context

European Union Law

EU External Relations Law: The Cases in Context

Edited by Graham Butler · Ramses A. Wessel
Hart Publishing December 2023

Specifications

ISBN-13
9781509958474
Publisher
Hart Publishing
Publication
December 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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; 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

EU External Relations Law and Navigating the Case Law of the Court of Justice of the European Union
Graham Butler and Ramses A Wessel
1. Implied Powers of the EU, Limits to Political Expediency and Internationally Inspired Pragmatism: Commission v Council (ERTA)
Inge Govaere
2. International Agreements in the EU Legal Order: International Fruit
Alessandro Petti and Joanne Scott
3. International Agreements as an Integral Part of EU Law: Haegeman
Ramses A Wessel
4. Common Commercial Policy and the Determination of Exclusivity: Opinion 1/75 (Local Cost Standard)
Marise Cremona and Jaka Kukavica
5. The EU Customs Union, International Agreements of EU Member States and the Doctrine of Substitution: Nederlandse Spoorwegen
Graham Butler
6. Establishing Direct Effect of Provisions in International Agreements: Bresciani
Timothy Roes
7. Refining and Expanding Implied Powers of the Union: Kramer
Tobias Lock
8. Linking Internal and External Trade in a Perfect Customs Union: Donckerwolcke
Piet Eeckhout
9. EU External Competence in the Absence of Internal Rules, and the Sleeping Beauty: Opinion 1/76 (Laying Up Fund for Inland Waterway Vessels)
Allan Rosas
10. The Birth of the Principle of Close Cooperation, Declaration of Competences, and the Ruling Procedure: Ruling 1/78 (Convention on Nuclear Protection)
Anna Södersten
11. Defining the Scope of the Treaty-Making Competence for the Formulation of the Common Commercial Policy: Opinion 1/78 (Natural Rubber)
Per Cramér
12. International Agreements Concluded by Member States Prior to their EU Accession: Burgoa
Panos Koutrakos
13. The Purpose of International Agreements and their Direct Effect: Polydor
Jan Klabbers
14. Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg
Eleftheria Neframi
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
Dylan Geraets
16. Direct Effect of Association Agreements and the Meaning of 'Association': Demirel
Guillaume Van der Loo
17. Judicial Review of EU Measures in the Light of WTO Rules: Fediol and Nakajima
Tamara Perišin and Ilektra Antonaki
18. The Integration of Decisions of Association Councils in EU Law: Greece v Commission (Special Aid to Turkey)
Fernando Castillo de la Torre
19. The Legal Effects of Decisions of Autonomous Bodies Established under an International Agreement: Sevince
Nathan Cambien
20. The Union's Participation in Legally Binding International Third-Party Dispute Settlement: Opinion 1/91 (EEA I) and Opinion 1/92 (EEA II)
Esa Paasivirta
21. Setting the Multiple Functions of Customary International Law in the EU Legal Order: Poulsen
Charlotte Beaucillon
22. ERTA, Mixity and the Duty of Cooperation in the Conclusion of International Agreements: Opinion 2/91 (ILO Convention)
Mirka Kuisma
23. The Reviewability of Acts Adopted by the Member States Meeting within the Council: Parliament v Council and Commission (Bangladesh Aid)
Luca Pantaleo
24. Legality of the European Development Fund and the European Parliament's Prerogatives: Parliament v Council (European Development Fund)
Sandra Bartelt
25. Unrecognised 'States' and EU Law: Anastasiou I
Alina Tryfonidou
26. No General Treaty-Making Power of the Commission to Conclude International Administrative Agreements: France v Commission I
Andrea Ott
27. Consistent Interpretation and Continuous Dialogue between the EU and the WTO: Germany v Council (Bananas)
Joseph A McMahon
28. A Setback in a Never-Ending Expansion to External Competence? Opinion 1/94 (WTO)
Enzo Cannizzaro
29. The Scope of the Union's Exclusive External Competences and the Verification of Competence: Opinion 2/92 (OECD)
Daniel Sarmiento
30. Unilateral Measures of Member States Affecting the Internal Market and the Law/Politics Divide in External Relations: Commission v Greece (FYROM)
Henri de Waele
31. EU Membership in International Organisations and the Joint Exercise of Membership Rights: Commission v Council (FAO)
Rita Guerreiro Teixeira and Jan Wouters
32. The First Attempt at EU Accession to the ECHR: Opinion 2/94
Stian Oby Johansen
33. Enforcement of International Sanctions within the EU Legal Order: Bosphorus
Aindrias Ó Caoimh
34. Scope of EU Development Policy: Portugal v Council (India Cooperation Agreement)
Morten Broberg
35. Legal Certainty and Customary International Law: Opel Austria
Marcus Klamert
36. Invoking Customary International Law before the Court: Racke
Jed Odermatt
37. The Effect of WTO Law in the EU Legal Order: Portugal v Council
Holger P Hestermeyer
38. The Member States' Duty to Denounce Anterior Treaties: Commission v Portugal (Maritime Policies)
Hannes Lenk
39. The Relationship between the Common Commercial Policy and Other External Competences of the EU: Opinion 2/00 (Cartagena Protocol)
Koen Lenaerts and Stanislas Adam
40. Autonomy of the EU Legal Order and International Agreements Extending the Acquis: Opinion 1/00 (European Common Aviation Area)
Cécile Rapoport
41. Clarification of Exclusive Implied External Competence of the Union: Open Skies
Wybe Th Douma
42. Respect for Institutional Balance in the Adoption of Non-legally Binding Agreements: France v Commission II
Paula García Andrade
43. The Effect of WTO Dispute Settlement Body Decisions in EU Law: Van Parys
Karsten Engsig Sorensen
44. Direct Effect of the EU–Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov
Adam Lazowski
45. The Indissociable Link between Environmental Policy and the Common Commercial Policy: Commission v Council (Rotterdam Convention I)
Geert De Baere
46. Lowering the Threshold for Finding Implied Powers: Opinion 1/03 (Lugano Convention)
Merijn Chamon
47. The Exclusive Jurisdiction of the Court and International Courts: Commission v Ireland (Mox Plant)
Andrés Delgado Casteleiro
48. Judicial Protection in Autonomous Restrictive Measures Involving Composite Administrative Procedures: OMPI
Trevor Redmond
49. The Autonomy of EU Law vis-a-vis International Law: Kadi I and Kadi II
Christina Eckes
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)
Tina Van den Sanden
51. The Pre-Lisbon Machinery for the Delimitation of the CFSP: Commission v Council (ECOWAS)
Rass Holdgaard and Gustav Krohn Schaldemose
52. The Legal Effects of the MARPOL Convention and the UN Convention on the Law of the Sea: Intertanko
Mario Mendez
53. Implied External Exclusivity and the Duty of Loyal Cooperation in International Organisations: Commission v Greece (International Maritime Organisation)
Thomas Ramopoulos
54. Visa Requirements for Turkish Citizens: Soysal & Savatli and Demirkan
Bruno De Witte
55. The Application of EU Law in an Unrecognised Entity: Apostolides v Orams
Nikos Skoutaris
56. Potential Incompatibility of International Agreements Concluded by Member States before Accession: Commission v Austria, Commission v Sweden and Commission v Finland
Luigi Lonardo
57. The Application of EU International Agreements to Occupied and Disputed Territories: Brita
Paul James Cardwell
58. Union Loyalty in Mixed External Relations and the Weight of Informal Preparatory Acts: Commission v Sweden (PFOS)
Pieter Jan Kuijper
59. The Ambivalent Clarifi cation of the Effects of International Conventional and Customary Law in the European Union: Air Transport Association of America
Isabelle Bosse-Platiere
60. The Choice of Legal Basis between the AFSJ and the CFSP: Parliament v Council (Smart Sanctions)
José Manuel Cortés Martín and Gloria Fernández Arribas
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)
Roberto Mastroianni and Giorgia Lo Tauro
62. The Choice of Legal Basis for Coordination of Social Security Systems with Associated Third Countries: UK v Council (EEC–Turkey)
Katarina Hyltén-Cavallius
63. Jurisdiction of the EU Courts in the CFSP when Linked to the EU Budget: Elitaliana
Ricardo da Silva Passos
64. Intellectual Property and the Post-Lisbon Common Commercial Policy: Daiichi Sankyo
Joris Larik
65. The Application of EU Internal Competences in an External Context: UK v Council (EEA)
Tarjei Bekkedal
66. The Normalisation of CFSP International Agreements in the EU Legal Order: Parliament v Council (Mauritius) and Parliament v Council (Tanzania)
Juan Santos Vara
67. The Legal Basis for International Agreements in the fi eld of Development Cooperation Post-Lisbon, and its Potential as a Catch-All Provision: Commission v Council (Philippines PCA)
Stephan Marquardt and Soledad Rodríguez Sánchez-Tabernero
68. Member States as Trustees of the Union in International Organisations: Germany v Council (OIV)
Theodore Konstadinides
69. The ERTA Doctrine Post-Lisbon: Opinion 1/13 (Convention on the Civil Aspects of International Child Abduction)
Christian Thorning
70. The Second Attempt at EU Accession to the ECHR: Opinion 2/13
Katja S Ziegler
71. The Impact of Obligations under International Agreements on the (Judicial) Review of EU Measures: Stichting Natuur en Milieu and Pesticide Action Network Europe
Anne Thies
72. Hybrid Acts of the EU and its Member States Concerning International Agreements: Commission v Council (US Air Transport Agreement)
Joni Heliskoski
73. Balancing Institutional Powers in Negotiating Directives and EU External Environmental Relations: Commission v Council (Australia ETS)
Sanja Bogojevic
74. EU Representation in International Litigation: Council v Commission (International Tribunal for the Law of the Sea)
Alexander Kornezov
75. The Compatibility of EU International Agreements Extending to Occupied Territories with International Law: Front Polisario and Western Sahara Campaign UK
Eva Kassoti
76. The Scope of the Court's Jurisdiction in the CFSP: H v Council and Others
Luca Prete
77. Institutional Balance in the Conclusion of Non-binding International Agreements Revisited: Council v Commission (Swiss MoU)
Anders Neergaard
78. The Concept of (Non-)Commerciality and the ERTA Doctrine Post-Lisbon: Opinion 3/15 (Marrakesh Treaty)
Gesa Kübek
79. Attribution of Authorship of 'EU' Legal Acts: NF and Others v European Council
Mauro Gatti
80. The Absence of Rights to Humanitarian Visas, and Missions of EU Member States in Third Countries: X and X v Belgium
Louise Halleskov
81. Securing a Coherent System of Judicial Protection in Relation to Restrictive Measures: Rosneft
Peter Van Elsuwege
82. The EU Competence to Conclude the New Generation of Free Trade Agreements: Opinion 2/15 (EU–Singapore FTA)
Christine Kaddous
83. International Agreements Assessed Through the Prism of the Charter of Fundamental Rights: Opinion 1/15 (EU–Canada PNR)
Suzanne Kingston
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)
Maciej Szpunar and Roland Klages
85. The Web of Autonomy of the EU Legal Order: Achmea
Xavier Groussot and Marja-Liisa Öberg
86. The Delineation between CFSP and Non-CFSP Matters: Commission v Council (Kazakhstan)
Thomas Verellen
87. Mixity and Exercising Shared Competence in International Fora: Commission v Council (Antarctic Marine Protected Areas)
Frederik Naert
88. Investor–State Dispute Tribunals Established under EU International Agreements: Opinion 1/17 (EU–Canada CETA)
Kieran Bradley
89. Ensuring Respect for International Humanitarian Law Through Labelling Requirements: OJE and Vignoble Psagot
Sara Poli
90. Inter se Agreements between Member States, and the Outer Limits of the Court's Jurisdiction in Infringement Proceedings: Slovenia v Croatia
Federico Casolari
91. Jurisdiction of the Court for Non-contractual Liability and Actions for Damages Claims within the CFSP: Bank Refah Kargaran
Graham Butler and Ramses A Wessel
92. The Right of Third States to Challenge EU Restrictive Measures before the Court: Venezuela v Council
Francesca Finelli
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