Foreign Policy Objectives In European Constitutional Law

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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 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"--

European Foreign Policy

Author : Panos Koutrakos
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849808613
Total Pages : 309 pages
Book Rating : 4.8/5 (86 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.

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.

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.

EU Constitutional Law

Author : Koen Lenaerts
Publisher : Oxford University Press
ISBN 13 : 0198851596
Total Pages : 1025 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Constitutional Law by : Koen Lenaerts

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.

Foreign Relations Federalism

Author : Thomas Verellen
Publisher : Oxford University Press
ISBN 13 : 0192658891
Total Pages : 337 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Foreign Relations Federalism by : Thomas Verellen

Download or read book Foreign Relations Federalism written by Thomas Verellen and published by Oxford University Press. This book was released on 2023-04-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.

The Foreign Policy of the European Union

Author : Federiga M. Bindi
Publisher : Brookings Institution Press
ISBN 13 : 0815722524
Total Pages : 384 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis The Foreign Policy of the European Union by : Federiga M. Bindi

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.

Foreign Affairs and the EU Constitution

Author : Robert Schütze
Publisher : Cambridge University Press
ISBN 13 : 1139992570
Total Pages : 557 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Foreign Affairs and the EU Constitution by : Robert Schütze

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: Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet, in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so, how? Foreign Affairs and the EU Constitution brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union.

The Law of EU External Relations

Author : Pieter Jan Kuijper
Publisher : Oxford University Press
ISBN 13 : 019875731X
Total Pages : 913 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Law of EU External Relations by : Pieter Jan Kuijper

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.

The Reach of Free Movement

Author : Mads Andenas
Publisher : Springer
ISBN 13 : 9462651957
Total Pages : 419 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Reach of Free Movement by : Mads Andenas

Download or read book The Reach of Free Movement written by Mads Andenas and published by Springer. This book was released on 2017-09-26 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems. The book falls into four parts, ‘The reach of free movement’, ‘Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

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:

EU External Relations Law

Author : Piet Eeckhout
Publisher : Oxford University Press
ISBN 13 : 0199606633
Total Pages : 623 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis EU External Relations Law by : Piet Eeckhout

Download or read book EU External Relations Law written by Piet Eeckhout and published by Oxford University Press. This book was released on 2011-05-26 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: External relations of the European Union legal and constitutional foundations / Piet Eeckhout. [1st ed.] 2004.

Foreign Policy Objectives in European Constitutional Law

Author : Joris Larik
Publisher : Oxford University Press
ISBN 13 : 0198736398
Total Pages : 369 pages
Book Rating : 4.1/5 (987 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 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 growing 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.

A Constitution for the European Union

Author : Ingolf Pernice
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Constitution for the European Union by : Ingolf Pernice

Download or read book A Constitution for the European Union written by Ingolf Pernice and published by . This book was released on 2004 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention presented its Draft Treaty establishing a Constitution for Europe on 18 July 2003. It is the result of a pan-European debate in the Convention and the European media. The academic analysis of the future constitution also requires a European debate, and the European Constitutional Law Network is understands itself as a forum for this debate (www.ecln.net). In the present volume, twelve constitutional and European lawyers from different old and new Member States present their conclusions on different aspects of the Conventionís draft constitutional Treaty. The individual essays focus on general issues of constitutional theory, die future institutional balance, the delimitation of competences, the Charter of Fundamental Rights and specific policy issues such as foreign affairs. Thus, the results of the fourth ECLN conference in autumn 2003 in Lisbon are an important contribution to the emerging European debate on the implications of the future Constitution for Europe.