Del i serien Modern Studies in European Law

European Court of Justice and External Relations Law

Constitutional Challenges

Häftad, Engelska, 2016

539 kr

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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.

Produktinformation

Utgivningsdatum2016-09-29
Mått156 x 234 x 16 mm
Vikt426 g
FormatHäftad
SpråkEngelska
SerieModern Studies in European Law
Antal sidor298
FörlagBloomsbury Publishing PLC
ISBN9781509909902

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1. Introduction Marise Cremona and Anne ThiesPART I THE CJEU’S ROLE IN THE DEVELOPMENT OF EXTERNAL RELATIONS LAW2. A Reticent Court? Policy Objectives and the Court of Justice Marise Cremona3. A Selfish Court? The Court of Justice and the Design of International Dispute Settlement beyondthe European Union Bruno de Witte4. A Powerless Court? The European Court of Justice and the Common Foreign and Security Policy Christophe HillionPART II JURISPRUDENCE AND THE ALLOCATION OF EXTERNAL COMPETENCE5. Vertical Division of Competences and the Objectives of the European Union’s External Action Eleftheria Neframi6. The Case Law of the Court of Justice of the EU and the Allocation of External Relations Powers: Whither the Traditional Role of the Executive in EU Foreign Relations? Pieter Jan Kuijper7. The Potential for Inter-Institutional Conflicts before the Court of Justice: Impact of the Lisbon Treaty Peter Van ElsuwegePART III EXTERNAL RELATIONS, THE COURT AND THE UNION LEGAL ORDER8. General Principles in the Development of EU External Relations Law Anne Thies9. The Many Visions of Europe. Insights from the Reasoning of the European Court of Justice in External Relations Law Loïc Azoulai10. The Court of Justice’s Participation in Judicial Discourse: Theory and Practice Christina EckesPART IV THE COURT AND THE INTERNATIONAL LEGAL SYSTEM11. The Kadi Case—Constitutional Core Values and International Law—Finding the Balance? Juliane Kokott and Christoph Sobotta12. The Arrangement Governing the Relationship between the ECtHR and the CJEU in the Draft Treaty on the Accession of the EU to the ECHR Joni Heliskoski13. Worlds Apart? Comparing the Approaches of the European Court of Justice and the EU Legislature to International Law Jan Wouters, Jed Odermatt and Thomas Ramopoulos