Constitutional Law Of The Eus Common Foreign And Security Policy

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Constitutional Law of the EU’s Common Foreign and Security Policy

Author : Graham Butler
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925961
Total Pages : 376 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Law of the EU’s Common Foreign and Security Policy by : Graham Butler

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.

Constitutional Law of the EU's Common Foreign and Security Policy

Author : Graham Butler
Publisher :
ISBN 13 : 9781509925971
Total Pages : 348 pages
Book Rating : 4.9/5 (259 download)

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Book Synopsis Constitutional Law of the EU's Common Foreign and Security Policy by : Graham Butler

Download or read book Constitutional Law of the EU's Common Foreign and Security Policy written by Graham Butler and published by . This book was released on 2019 with total page 348 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"--

Foreign Policy Objectives in European Constitutional Law

Author : Joris Larik
Publisher : Oxford University Press
ISBN 13 : 0191055980
Total Pages : 400 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Foreign Policy Objectives in European Constitutional Law by : Joris Larik

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 2016-03-24 with total page 400 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.

Constitutional Law of the European Union

Author : Koenraad Lenaerts
Publisher :
ISBN 13 :
Total Pages : 876 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutional Law of the European Union by : Koenraad Lenaerts

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.

EU Foreign Relations Law

Author : Marise Cremona
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314392
Total Pages : 328 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EU Foreign Relations Law by : Marise Cremona

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 328 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.

Trade, Foreign Policy and Defence in EU Constitutional Law

Author : Panos Koutrakos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310796
Total Pages : 288 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Trade, Foreign Policy and Defence in EU Constitutional Law by : Panos Koutrakos

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 288 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.

European Foreign Policy

Author : Panos Koutrakos
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808619
Total Pages : 309 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis European Foreign Policy by : Panos Koutrakos

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.

Research Handbook on the EU’s Common Foreign and Security Policy

Author : Steven Blockmans
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364081
Total Pages : 560 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on the EU’s Common Foreign and Security Policy by : Steven Blockmans

Download or read book Research Handbook on the EU’s Common Foreign and Security Policy written by Steven Blockmans and published by Edward Elgar Publishing. This book was released on 2018 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of rapid change and unpredictability the European Union’s role in the world is sorely tested. How successfully the EU meets challenges such as war, terrorism and climate change, and how effectively the Union taps into opportunities like mobility and technological progress depends to a great extent on the ability of the EU’s institutions and member states to adopt and implement a comprehensive and integrated approach to external action. This Research Handbook examines the law, policy and practice of the EU’s Common Foreign and Security Policy, including the Common Security and Defence, and gauges its interactions with the other external policies of the Union (including trade, development, energy), as well as the evolving political and economic challenges that face the European Union.

Understanding the European Constitution

Author : Clive H. Church
Publisher : Routledge
ISBN 13 : 113422768X
Total Pages : 202 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Understanding the European Constitution by : Clive H. Church

Download or read book Understanding the European Constitution written by Clive H. Church and published by Routledge. This book was released on 2005-11-16 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.

Bridging Clauses in European Constitutional Law

Author : Robert Böttner
Publisher : Springer
ISBN 13 : 3319733419
Total Pages : 96 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Bridging Clauses in European Constitutional Law by : Robert Böttner

Download or read book Bridging Clauses in European Constitutional Law written by Robert Böttner and published by Springer. This book was released on 2018-01-17 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the legal framework for the use of the bridging clauses of Article 48(7) TEU as well as on parliamentary participation in the process of activating these clauses. It also outlines national parliamentary participation in EU law in general and, specifically, in the procedures for the amendment of the Treaties. Further, it explores the substantial law of the general bridging clauses (scope of application, exceptions, legal effects) and explains in detail the special bridging clauses and similar provisions that are scattered throughout the Treaties. The study further deals in depth with procedural issues, including the procedural requirements in the provision itself, notably the important and most complex element: the participation of the national parliaments, both directly and indirectly through the (European) Council. To this end, the book includes an analysis of the safeguards and mandating systems that national legal orders have installed.

Droit Et Politique Étrangère

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287138118
Total Pages : 188 pages
Book Rating : 4.1/5 (381 download)

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Book Synopsis Droit Et Politique Étrangère by : European Commission for Democracy through Law

Download or read book Droit Et Politique Étrangère 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:

The EU and the Security-Development Nexus

Author : Hans Merket
Publisher : BRILL
ISBN 13 : 9004315020
Total Pages : 437 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The EU and the Security-Development Nexus by : Hans Merket

Download or read book The EU and the Security-Development Nexus written by Hans Merket and published by BRILL. This book was released on 2016-09-29 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The EU and the Security-Development Nexus Hans Merket unravels the long-standing commitment of the European Union (EU) to integrate its policies across the security-development nexus.

The EU Common Security and Defence Policy

Author : Panos Koutrakos
Publisher : OUP Oxford
ISBN 13 : 0191655899
Total Pages : 368 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The EU Common Security and Defence Policy by : Panos Koutrakos

Download or read book The EU Common Security and Defence Policy written by Panos Koutrakos and published by OUP Oxford. This book was released on 2013-03-21 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

The European Union after Lisbon

Author : Hermann-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 9783642195075
Total Pages : 584 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The European Union after Lisbon by : Hermann-Josef Blanke

Download or read book The European Union after Lisbon written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2011-10-12 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains 24 contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (CFSP) as well as the central economic and monetary provisions (TFEU) after the Reform Treaty of Lisbon. Presenting the findings of a European research team, which is composed of authors from eight Member States, the publication underlines the aspiration of the editors to thoroughly analyse the constitutional law of the European Union currently in force.

The Dynamics of the EU Integration and the Impact on the National Constitutional Law

Author : Paola Bilancia
Publisher : Giuffrè Editore
ISBN 13 : 8814173559
Total Pages : 189 pages
Book Rating : 4.8/5 (141 download)

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Book Synopsis The Dynamics of the EU Integration and the Impact on the National Constitutional Law by : Paola Bilancia

Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law Aspects of the European Union

Author : Martti Koskenniemi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041104885
Total Pages : 346 pages
Book Rating : 4.1/5 (48 download)

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Book Synopsis International Law Aspects of the European Union by : Martti Koskenniemi

Download or read book International Law Aspects of the European Union written by Martti Koskenniemi and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.

EU Common Foreign and Security Policy After Lisbon

Author : Luigi Lonardo
Publisher : Springer Nature
ISBN 13 : 3031191315
Total Pages : 172 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis EU Common Foreign and Security Policy After Lisbon by : Luigi Lonardo

Download or read book EU Common Foreign and Security Policy After Lisbon written by Luigi Lonardo and published by Springer Nature. This book was released on 2022-12-08 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This strongly interdisciplinary book provides a first tentative evaluation of the role that geopolitics plays in shaping the genesis and functioning of the law of EU Common Foreign and Security Policy (CFSP). It introduces the reader to the geopolitical context of the EU and of its main neighbours, as well as to the legal architecture of CFSP. The book then presents selected cases of the Union’s action (or inaction) in CFSP since 2009. These show the key argument of the book: the law of CFSP is not entirely fit for purposes as it does not reflect the geopolitical reality of the continent. The book reflects on such geopolitical reality as it results, in particular, from the 2004 EU enlargement, and comments upon three key issues of the CFSP legal framework: issues of coherence, accountability, and effectiveness. With its fusion of law and geopolitics, the book will be invaluable for students of EU foreign policy and EU external relations law.