Trade, Foreign Policy and Defence in EU Constitutional Law

Panos Koutrakos is Professor of European Law at the University of Bristol.

• Introduction: the canvas - the two pillars, European Community and common foreign and security policy; the scope of the book; the structure of the book. The common foreign and security policy of the European Union: introduction; the past framework - genesis, development and treaty; common foreign and security policy under the Maastricht Treaty; the current framework - CFSP under the Amsterdam Treaty; the principles underpinning the CFSP of the European Union; conclusion. Economic sanctions by the member states - definition, general issues and past practice: introduction; definition and problems regarding the effectiveness of economic sanctions; the common commercial policy of the European Community; the first phase of the imposition of sanctions prior to TEU; the second phase of the imposition of sanctions prior to TEU; comment on the imposition of sanctions prior to the adoption of TEU; conclusion. Economic sanctions under the law of the European Union: introduction; typology of sanctions imposed under Article 301 EC; common features of sanction regimes imposed under Article 301 EC; the scope of Article 301 EC; the relationship between Articles 301 and 133 EC; the relationship between Articles 301 and 297 EC; problems raised by the application of the inter-pillar procedure established under Article 301 EC; conclusion. The Community regime on exports of dual-use goods to third countries: introduction; the establishment of common rules on the control of exports of dual-use goods under Regulation 3391/94; comment on the common rules on exports of dual-use goods established under Regulation 3381/94 and Decision 94/942/CFSP; the Commission's proposals on reforming the common rules on exports of dual-use goods; conclusion. The Court's approach to exports of dual-use goods to third countries: introduction; the general framework - political issues before the judiciary; the Court's approach towards exports of dual-use goods - trade and foreign policy as within a single normative framework; comment on the Court's rulings on exports of dual-use goods; the implications of the Court's approach for the legal regulation of exports of dual-use goods; conclusion. A fully-fledged approach tot he interactions between trade and foreign policy - the Court's case law on sanctions against third countries: introduction; the Bosphorus case; a step further - the Centro-Com case; the Court's approach fully applied - the Ebony Maritime case; the emergence of a fully-fledged approach to the linkage between trade and foreign policy; the Court's dynamic approach within the broader context of its jurisprudence; the emergence of the functional jurisdiction of the Court - adjudicating upon the pillars; conclusion. The regulation of defence products under the law of the European Union: introduction; the multifarious functions of security; Community practice under Article 296(1)(b) EC. (Part Contents).

...the book is impressive in its research on the 'zone of twilight' between trade, foreign policy and defence. It is both well-written and clearly structured and makes use of the relevant England and French literature published on this subject. Andrea Ott Yearbook of European Law January 2003 The clarity of the descriptions of the subject areas...and the depth of analysis of the constitutional implications of legal regulation within the interrelated areas of EU trade and foreign and security policy make it a valuable tool and a necessary read for anyone interested in such issues. Rachel Barnes The Cambridge Law Journal November 2005 ...solid account examining the European Court of Justice...fine example of the new EC scholarship that ought to be read by those interested in comparative legal studies or in the politics of Europe. David Schultz The Law and Politics Book Review March 2001 Dr Koutrakos provides a convincing discussion of a crucial constitutional problem: the interaction between the first and second pillars of the EU. The discussion is based on a thorough and detailed analysis of the specific fields of law involved. His proposed solutions are equally convincing. The strength of the book is the fact that the legal analysis is put into its historical, economic and political context, facilitating the reader's understanding of the constitutional problems involved. As far as sanctions and dual-use goods are concerned, the book represents the most comprehensive analysis published in English so far. As the subject-matter is of increasing importance, Dr Koutrakos' analysis is welcomed as a timely contribution to the constitutional debate, filling a gap in the library of every European lawyer. Martin Trybus, University of Nottingham European Public Law August 2002