EU Foreign Relations Law Constitutional Fundamentals

by Cremona, Marise; Witte, Bruno De

• ISBN13: 9781841137575
• ISBN10: 184113757X
• Format: Paperback
• Copyright: 2008-07-25
• Publisher: Hart Publishing

Summary

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 Biography

Marise Cremona is Emeritus Professor at the European University Institute, Florence.
Bruno de Witte is Professor of Law at the University of Maastricht and at the Robert Schuman Centre of the European University Institute in Florence.

Table of Contents

Acknowledgments	p. v
List of Contributors	p. ix
Introduction	p. xi
EU Foreign Relations: Law and Constitution	p. 1
Too much constitutional law in the European Union's Foreign Relations?	p. 3
Foreign Relations Law in a Multi-Pillar Era	p. 17
Much Ado About Pluto? The 'Unity of the European Union Legal Order' Revisited	p. 20
The Law and Practice of CFSP Joint Actions	p. 53
Restraining External Competences of EU Member States under CFSP	p. 79
The EU and its Member States	p. 123
Defending the Community Interest: the Duties of Cooperation and Compliance	p. 125
Legal Basis and Delimitation of Competence in EU External Relations	p. 171
Executive Accountability	p. 199
Parliamentary Involvement in European International Relations	p. 201
Fundamental What? The Difficult Relationship between Foreign Policy and Fundamental Rights	p. 233
EU Foreign Relations, Human Rights and International Law	p. 257
The Journey Towards All that is Good and Beautiful: Human Rights and 'Common Values' as Guiding Principles of EU Foreign Relations Law	p. 259
Effects of International Agreements in the EU Legal Order	p. 291
Index	p. 313
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