Constitutional Principles of EU External Relations

Hardcover | September 25, 2008

byGeert De Baere

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The volume explores the marked differences between the complex and rapidly changing legal organization of EU external relations and the EU's 'internal' constitutional order. The European Union is unique as a polity organized along federal lines but with fully-fledged States as its component political entities. The tension between the self-conscious Member States and their constitutional relationship within the EU is especially pronounced in the foreign policy field,where they remain determined to assert their status as full subjects of the international order. This book explores how foreign policy fits within the constitutional structure of the EU, characterized by the division of external relations competences between the EU and the Member States ('thevertical axis'), and between the 'pillars' of which the Union is composed, (the division between the Community competences of the first pillar and the common foreign and security competences of the second pillar ('the horizontal axis')).This is a study of the extent to which foreign policy is legally sui generis within the sui generis constitutional order of the EU, and of how the common foreign and security policy is in turn sui generis within the foreign policy structure of the Union. It provides both an exploration of theconstitutional reality of EU foreign policy and theoretical analysis which suggests possibilities for reform.

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The volume explores the marked differences between the complex and rapidly changing legal organization of EU external relations and the EU's 'internal' constitutional order. The European Union is unique as a polity organized along federal lines but with fully-fledged States as its component political entities. The tension between the ...

Dr Geert De Baere works in the chambers of Advocate General Sharpston at the Court of Justice of the European Communities and is also a postdoctoral research associate at the University of Antwerp.

other books by Geert De Baere

Format:HardcoverDimensions:330 pages, 9.21 × 6.14 × 1.13 inPublished:September 25, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199546681

ISBN - 13:9780199546688

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Table of Contents

PrefaceList of AbbreviationsTable of Legal Instruments and Other DocumentsTable of Cases and OpinionsIntroductionPart I: EC External Relations1. Conferral2. Vertical Conflict Resolution in EC External Relations: Exclusivity and Non-exclusivity3. The Community MethodPart II: The Common Foreign and Security Policy4. CFSP v. EC External Relations5. Democracy and the Rule of Law in EU Foreign Policy6. The Dichotomy Between EC External Relations and the CFSPPart III: Managing The Vertical and Horizontal Axes7. Managing the Vertical Axis8. Managing The Horizontal Axis: Horizontal ConsistencyPart IV: Conclusions9. The Constitutional Particularities of EU Foreign Policy10. EU Foreign Policy, Identity, and LawBibliography