Foreign Affairs and the EU Constitution PDF Download

Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1139992570
Category : Law
Languages : en
Pages : 557

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Book Description
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.

Author: Joris Larik
Publisher: Oxford University Press
ISBN: 0191055980
Category : Law
Languages : en
Pages : 400

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Book Description
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.

Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1847314392
Category : Law
Languages : en
Pages : 328

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Book Description
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.

Author: Werner Weidenfeld
Publisher: Verlag Bertelsmann Stiftung
ISBN: 3867932441
Category : Political Science
Languages : en
Pages : 106

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Book Description
The purpose of the European Constitution is to make the European Union more democratic and more accessible to its citizens, and to enable it to function more effectively. The burgeoning EU is no longer governable through the Treaties as they stand. Yet the document that politicians have hailed as "historic" is needlessly complicated, and virtually incomprehensible to ordinary people. This was one of the main reasons why the citizens of France and the Netherlands rejected the Constitution in their referenda. The European Constitution marks the starting point for a renewed debate about Europe. This book makes it easier to understand both the Constitution and the EU in general. Using accessible language, it guides the reader through the complicated subject matter step by step. Concise tables explain the genesis of the Constitution, its structure, the changes that it will bring about, and how decisions in the EU will be made in the years to come. Those who wish to play a part in shaping the future of Europe need to be familiar with the basic foundations of the European Union, and this demands an understanding of the European Constitution.

Author: Timo Rahmann
Publisher: GRIN Verlag
ISBN: 3638456234
Category : Political Science
Languages : en
Pages : 22

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Book Description
Seminar paper from the year 2005 in the subject Politics - International Politics - Topic: European Union, grade: A-, Sabancı University, course: The European Union: Politics, Policies and Governance, 18 entries in the bibliography, language: English, abstract: A common European policy in fields of Foreign and Security Affairs has always been one of the crucial points of ongoing European Integration. It seems suitable that one can find here a point where the controversial debate about a supranational or a more intergovernmental character of the Union manifests itself. Since the external relations of a nation-state are still considered as the core of national qualities the activities and authorities of the EU in this area are consequently much more disputed than, for instance, issues only regarding the Common Market. From the early days of European integration on, the EU has been trying to enhance its ability to perform as a unified and effective actor on the global stage. However, to some extent many of the purposes remained ambitious rhetoric. Great expectations with little or no chance of actually coming to fruition, this could, if you put it in a nutshell, apparently be an easy and appropriate description of the dilemma the EU foreign and security policy suffers. Many observers expected a fundamental shift with the work of the constitutional convention. The arising euphoria about the Treaty establishing a Constitution for Europe (hereafter: TCE) had soon worn off since the constitutional breakthrough has not happened. This paper concentrates on the impact of the TCE on the future of the Common Foreign and Security Policy (CFSP) and in particular on Foreign Policy rather than the security aspects. It focuses on the question whether there is great probability that the TCE will improve Europe’s capability to act according to the demands the Union made on several occasions on itself. In order to discuss this, the paper will recapitulate the main developments and outlines of the CSFP up to now in a first step from a rather historical perspective . T he spotlight will turn to the current discussion about the constitution and its consequences in chapter three. This section will include a rather technical look on the constitutional arrangements but also an analysis of potentials and shortcomings lying in the TCE. Chapter VI will deal with attempts at explanations and will therefore briefly discuss major theories of European Integration and their explanatory capacity. A last part is reserved for some concluding remarks and brief outlook.

Author: Thomas Verellen
Publisher: Oxford University Press
ISBN: 0192658891
Category : Law
Languages : en
Pages : 337

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Book Description
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.

Author: Graham Butler
Publisher:
ISBN: 9781509925971
Category : Constitutional law
Languages : en
Pages : 348

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Book Description
"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"--

Author: Clive H. Church
Publisher: Routledge
ISBN: 113422768X
Category : Political Science
Languages : en
Pages : 202

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Book Description
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.

Author: Piet Eeckhout
Publisher: Europa Law Publishing
ISBN: 9789076871554
Category : Constitutional law
Languages : en
Pages : 46

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Book Description
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.

Author: Panos Koutrakos
Publisher: Edward Elgar Publishing
ISBN: 9781849808613
Category : Political Science
Languages : en
Pages : 309

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Book Description
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.