Download or read book Foreign Policy Objectives in European Constitutional Law written by Joris Larik and published by Oxford University Press. This book was released on 2016-03-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world. Advancing a comparative constitutional perspective for the study of EU external relations, this volume contributes a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France, and India, the book provides a common vocabulary for coming to terms with foreign policy objectives as legal norms across different jurisdictions. In the pluralist context and closely intertwined legal orders of the EU and its Member States, it shows how objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent external action. Furthermore, the book connects its legal findings with the debate on the EU as an actor in international relations, exploring the role of these norms in inter-institutional struggles and processes of identity-shaping, legitimation, and socialization.
Download or read book Worldly Ambitions written by Joris Larik and published by . This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions of today do not merely address the salus populi anymore, the welfare of the people, but increasingly exhibit international ambitions. This is true in particular for the EU Treaties. To make sense of these developments, this thesis presents a comprehensive account of foreign policy objectives as a growing part of European constitutional law. It grasps these provisions as legal norms, discerns their legal force and functions, and situates them into the overall legal order of the state, the Union, and the composite 'European Constitutional Space'. It argues that for comparative constitutional law in general, the codification of foreign policy objectives suggests a step forward in the evolution of the role of the constitution: From limiting public authority to guiding it towards certain goals, both at home and in the world. For the EU in particular, this research advances a comparative constitutional perspective for the study of EU external relations, and adds a constitutional dimension to the 'normative power' debate in the study of EU foreign policy. Drawing on established national doctrines on constitutional objectives from Germany, France and India, the thesis elaborates a common vocabulary for understanding foreign policy objectives across different jurisdictions. It adapts these findings to the pluralist context of the Union and its Member States, which closely intertwines both legal orders and foreign policies. It reveals that constitutional foreign policy objectives represent norms of constitutional rank which commit a polity to an active and 'normative' foreign policy, serving principally as an interpretive lens through which public powers can be enlarged. As a feature peculiar to the EU context, such objectives help to channel the individual ambitions of the Member States through the Union framework towards a more coherent, albeit polyphonic, external action. Furthermore, the project feeds its legal findings into the debate on the EU as an actor in International Relations, drawing on the main IR theories to sharpen the analysis of these norms in inter-institutional struggles as well in long-term processes of identity-shaping, legitimation and socialization.
Download or read book Foreign Policy Objectives in European Constitutional Law written by Joris Larik and published by . This book was released on 2016 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world.
Download or read book Constitutional Law of the EU s Common Foreign and Security Policy written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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; 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; and, Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021.
Download or read book Constitutional Law of the EU s Common Foreign and Security Policy written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Foreign Policy written by Panos Koutrakos and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like early mariners, politicians and officials trying to navigate European foreign policy find themselves in an environment of unpredictable hazards hidden institutional shoals, and legal reefs that can tear the bottom out of a policy. This insightful collection of contrasted studies shines the twin beams of political science and legal analysis into these opaque depths. Practitioners as well as scholars will benefit from the illumination. Nick Witney, European Council on Foreign Relations and Former Chief Executive of the European Defence Agency, UK This collection on EU foreign policy is an attractive one for several reasons: it contains a very nice set of essays on a topic which has loomed large on the European Union agenda for some years, namely the international role of the EU. The chapters are written by a range of interesting and eminent scholars in the field. Most importantly in terms of its distinctive contribution, the book brings together perspectives from law and from political science. This is done in part by including chapters by authors from different disciplines but also by choosing cross-pillar themes and topics such as the European Neighbourhood Policy, EU policy on Kosovo, security and defence policy, as well as more general cross-cutting themes like the idea of coherence , the position of the EU within international organizations, and the approach of the EU to the international legal order. Each of the individual chapters is well worth reading, and the book as a whole is a useful and interesting contribution to the existing literature. Gráinne de Búrca, Harvard Law School, US Written by leading experts, this book focuses on central issues of the foreign policy of the European Union. The issues explored include: how the EU s judges understand its relationship with the international order; the coherence of the Union s external action; the EU s approach to its neighbours; the Common Security and Defence Policy; and, the EU s participation in international organisations. By addressing each topic from a legal, political science and international relations standpoint, this relevant book highlights the different perspectives that these disciplines bring to the central issues of the EU s foreign affairs, and starts a conversation between the respective communities. Scholars and students in European and international law, politics, and international relations will find this book insightful. It will also prove timely for policy-makers in the EU and international organisations, as well as think tanks and non-governmental organisations specialising in European affairs.
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Download or read book EU Foreign Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2008-07-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.
Download or read book Foreign Policy Objectives in European Constitutional Law written by Joris Larik and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.
Download or read book Trade Foreign Policy and Defence in EU Constitutional Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2001-03-07 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.
Download or read book Beyond the Established Legal Orders written by Malcolm Evans and published by Bloomsbury Publishing. This book was released on 2011-04-19 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.
Download or read book The Law of EU External Relations written by Pieter Jan Kuijper and published by Oxford University Press. This book was released on 2015 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.
Download or read book EU Constitutional Law written by Koen Lenaerts and published by Oxford University Press. This book was released on 2022-01-16 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
Download or read book The Foreign Policy of the European Union written by Federiga M. Bindi and published by Brookings Institution Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores European foreign policy and the degree of European Union success in proposing itself as a valid international actor, drawing from the expertise of scholars and practitioners in many disciplines. Addresses issues past and present, theoretical and practice-oriented, and country- and region-specific"-- Provided by publisher.
Download or read book Droit Et Politique trang re written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1998-01-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Court of Justice and External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2014-09-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Download or read book Constitutional Law of the European Union written by Koenraad Lenaerts and published by . This book was released on 1999 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an up-to-date picture of the constitutional law of the European Union and the law governing forms of co-operation among the Member States, such as common foreign and security policy, police and judicial co-operation in criminal matter, such as schengen. The book begins by describing the pathways for integration in teh EU, outlining the substantive, temporal and territorial jurisdiction of the EU. The authors provide an exposition of the objectives and tasks of the Community, together with an analysis of the principles of legal basis, subsidiarity, proportionality and equal treatment. This is followed by an analysis of substantive European law with particular attention given to the principles of the internal market and EMU.
