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The Eus Conceptualisation Of The Rule Of Law In Its External Relations
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Book Synopsis The EU's Conceptualisation of the Rule of Law in its External Relations by : Lisa Louwerse
Download or read book The EU's Conceptualisation of the Rule of Law in its External Relations written by Lisa Louwerse and published by BRILL. This book was released on 2023-09-04 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Book Synopsis The EU's Conceptualisation of the Rule of Law in Its External Relations by :
Download or read book The EU's Conceptualisation of the Rule of Law in Its External Relations written by and published by . This book was released on 2019 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Enhancing the Rule of Law in the European Union’s External Action by : Luis M. Hinojosa-Martínez
Download or read book Enhancing the Rule of Law in the European Union’s External Action written by Luis M. Hinojosa-Martínez and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.
Book Synopsis The Law of EU External Relations by : Jan Wouters
Download or read book The Law of EU External Relations written by Jan Wouters and published by Oxford University Press. This book was released on 2021-01-21 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this book incorporates more than 10 years of fascinating dynamics since the entry into force of the Lisbon Treaty. Apart from analysing the general basis of the Union's external action and its relationship to international law, the book explores the law and practice of the EU in more specialized fields of external action, such as common commercial policy, neighbourhood policy, development cooperation, cooperation with third countries, humanitarian aid, external environmental policy, and common foreign and security policy, as well as EU sanctions. Five years after the second edition published, this fully updated edition contains major developments within the law itself, along with changes and restructuring of the themes within the book. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
Book Synopsis The EU and the Rule of Law in International Economic Relations by : Biondi, Andrea
Download or read book The EU and the Rule of Law in International Economic Relations written by Biondi, Andrea and published by Edward Elgar Publishing. This book was released on 2021-10-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.
Book Synopsis Structural Principles in EU External Relations Law by : Marise Cremona
Download or read book Structural Principles in EU External Relations Law written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
Book Synopsis External Relations Law of the European Community by : Rass Holdgaard
Download or read book External Relations Law of the European Community written by Rass Holdgaard and published by Kluwer Law International B.V.. This book was released on 2008-03-05 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these ‘dynamics’ are to be understood, assessed and systematically applied. Second, most legal analyses tend to focus only on narrow segments of the ECJ’s case law, often taking as their points of departure individual cases or a group of topically related cases. This ‘commentary’ approach disregards the general inter-connectedness of legal structures and the recurring meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language – both theoretically and practically - in the field of EC external relations. The first two parts of the book provide, with extensive references, an in-depth legal analysis of a wide range of topics pertaining to: the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and the reception and application of rules of international law within the Community area, including the way in which international law enters Community law. In these parts of the book, the aim is to reconstruct the core areas of the Community’s external relations law in a coherent and systematic manner. In the third part of the book, the author develops and applies a theoretical and methodological framework inspired by discourse analysis. This novel approach is used to identify and describe some of the most significant legal discourses in EC external relations
Book Synopsis Private Law in the External Relations of the EU by : Marise Cremona
Download or read book Private Law in the External Relations of the EU written by Marise Cremona and published by Oxford University Press. This book was released on 2016-03-17 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
Book Synopsis Promoting the Rule of Law in EU External Relations by : Inge Govaere
Download or read book Promoting the Rule of Law in EU External Relations written by Inge Govaere and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis External Relations of the European Union by : Piet Eeckhout
Download or read book External Relations of the European Union written by Piet Eeckhout and published by Oxford University Press, USA. This book was released on 2005 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.
Book Synopsis Law and Practice of EU External Relations by : Alan Dashwood
Download or read book Law and Practice of EU External Relations written by Alan Dashwood and published by Cambridge University Press. This book was released on 2008-10-02 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expanding European Union activity on the international scene has led to development of the legal concepts, principles and rules that govern it. External relations law and practice have also been affected by events within the EU. This volume takes stock of the recent developments in the external relations law and practice of the EC/EU and investigates the increasing interaction between these different fields of Union competence. The first part of this book addresses issues that are broadly constitutional or institutional in character. The second part deals with various aspects of substantive external relations considered in a geographical or geopolitical perspective. The third part selects two specific substantive law areas - intellectual property law and environment law - as examples that illustrate the specific relationship between domestic policy and external relations.
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 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.
Book Synopsis Does Europe's Constitution Stop at the Water's Edge? by : Piet Eeckhout
Download or read book Does Europe's Constitution Stop at the Water's Edge? written by Piet Eeckhout and published by Europa Law Publishing. This book was released on 2005 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Europe's Constitution Stop at the Water's Edge? examines the external policies of the EU from a perspective of European constitutionalism. This book offers an inquiry into the boundaries between law and policy in the diverse and ever expanding field of EU external relations. The main thesis is that, in a globalized world, EU external policies should be strongly predicated on constitutional orthodoxy, as the distinctions between the internal and the external are further collapsing. What is required is democratic and accountable government subject to the rule of law. Doctrines such as political-question, act-of-state, or acte du gouvernement are out of place in a changing world and in the forward-looking polity which the EU aspires to be.
Book Synopsis Developments in EU External Relations Law by : Marise Cremona
Download or read book Developments in EU External Relations Law written by Marise Cremona and published by OUP Oxford. This book was released on 2008-09-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas. The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order - the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'. These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy. The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighbourhood Policy, frequently proclaimed as a strategic priority for the EU. Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.
Book Synopsis Legal Dynamics of EU External Relations by : Henri de Waele
Download or read book Legal Dynamics of EU External Relations written by Henri de Waele and published by Springer Nature. This book was released on 2023-09-20 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines like international studies, political science, and public administration. The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.
Book Synopsis The European Court of Justice and External Relations Law by : Marise Cremona
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 2014-11-24 with total page 471 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.
Book Synopsis Legal Dynamics of EU External Relations by : Henri de Waele
Download or read book Legal Dynamics of EU External Relations written by Henri de Waele and published by Springer. This book was released on 2023-09-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a concise yet thorough picture of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it aims to provide a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. The book contains up-to-date analyses of inter alia the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy. Moreover, it devotes specific attention to the EU's external powers as regard the environment, fundamental rights and development cooperation. In addition, it includes a dedicated chapter exploring the relations with neighbouring countries, as well as one that elucidates the complex interplay between rules of domestic, European and international provenance. One of the work’s key assets is how reflections on the law are interwoven with, and supplemented by, insights from adjacent disciplines like international studies, political science, and public administration. The third edition, like its predecessors, continues to have an undergraduate readership in mind. The inclusion of chapter overviews, clarifying boxes, and countless topical examples should prove extra enlightening for those audiences. The book managed to attract particular praise earlier for its lucid style and great accessibility. As before, its compact dimensions, transparent design and comprehensive approach should enable users to master the central features of this gripping field of law with ease. Newly appearing in the Springer Textbooks in Law series, it remains an invaluable resource for students and lecturers alike.
