The Eu S Conceptualisation Of The Rule Of Law In Its External Relations

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The EU's Conceptualisation of the Rule of Law in its External Relations

Author : Lisa Louwerse
Publisher : BRILL
Page : 462 pages
File Size : 44,5 Mb
Release : 2023-09-04
Category : Law
ISBN : 9789004530829

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The EU's Conceptualisation of the Rule of Law in its External Relations by Lisa Louwerse Pdf

This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.

Enhancing the Rule of Law in the European Union’s External Action

Author : Luis M. Hinojosa-Martínez,Carmela Pérez-Bernárdez
Publisher : Edward Elgar Publishing
Page : 373 pages
File Size : 53,9 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781035312320

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Enhancing the Rule of Law in the European Union’s External Action by Luis M. Hinojosa-Martínez,Carmela Pérez-Bernárdez Pdf

This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.

The Law of EU External Relations

Author : Pieter Jan Kuijper,Jan Wouters,Frank Hoffmeister,Geert de Baere,Thomas Ramopoulos
Publisher : OUP Oxford
Page : 1159 pages
File Size : 40,9 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780191505102

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The Law of EU External Relations by Pieter Jan Kuijper,Jan Wouters,Frank Hoffmeister,Geert de Baere,Thomas Ramopoulos Pdf

The European Union has established itself as a significant international legal actor. Understanding the EU's actions on the international plane requires an understanding of its constantly evolving constitutional and legal framework. This book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. It combines chapters on the general basis of the Union's external action and its relation to international law with chapters which further explore the law and practice of the EU in the specialized fields of external action such as the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy, as well as a chapter specifically dedicated to EU sanctions and countermeasures. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

The EU and the Rule of Law in International Economic Relations

Author : Biondi, Andrea,Sangiuolo, Giorgia
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 50,5 Mb
Release : 2021-10-22
Category : Law
ISBN : 9781839103353

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The EU and the Rule of Law in International Economic Relations by Biondi, Andrea,Sangiuolo, Giorgia Pdf

This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations and the relationship between EU law and international law.

The Law of EU External Relations

Author : Pieter Jan Kuijper,Jan Wouters,Frank Hoffmeister,Geert De Baere,Thomas Ramopoulos
Publisher : Oxford University Press
Page : 913 pages
File Size : 42,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9780191074592

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The Law of EU External Relations by Pieter Jan Kuijper,Jan Wouters,Frank Hoffmeister,Geert De Baere,Thomas Ramopoulos Pdf

The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

Justice, Liberty, Security

Author : Bernd Martenczuk
Publisher : ASP / VUBPRESS / UPA
Page : 526 pages
File Size : 51,6 Mb
Release : 2008
Category : Political Science
ISBN : 9789054874720

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Justice, Liberty, Security by Bernd Martenczuk Pdf

The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.

EU External Relations Law

Author : Piet Eeckhout
Publisher : OUP Oxford
Page : 719 pages
File Size : 45,7 Mb
Release : 2011-05-26
Category : Law
ISBN : 9780191656057

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EU External Relations Law by Piet Eeckhout Pdf

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

Does Europe's Constitution Stop at the Water's Edge?

Author : Piet Eeckhout
Publisher : Europa Law Publishing
Page : 46 pages
File Size : 40,5 Mb
Release : 2005
Category : Constitutional law
ISBN : 9076871558

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Does Europe's Constitution Stop at the Water's Edge? by Piet Eeckhout Pdf

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.

Private Law in the External Relations of the EU

Author : Marise Cremona,Hans-W Micklitz
Publisher : Oxford University Press
Page : 350 pages
File Size : 52,6 Mb
Release : 2016-03-17
Category : Law
ISBN : 9780191062018

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Private Law in the External Relations of the EU by Marise Cremona,Hans-W Micklitz Pdf

Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

Enhancing the Rule of Law in the European Union's External Action

Author : Carmela Pérez-Bernárdez,Luis M. Hinojosa-martín
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 49,7 Mb
Release : 2023-07-28
Category : Electronic
ISBN : 103531231X

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Enhancing the Rule of Law in the European Union's External Action by Carmela Pérez-Bernárdez,Luis M. Hinojosa-martín Pdf

This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively. Using EU legislation and case law, the book identifies the essential elements of the rule of law, and distinguishes the general limits it places on the behaviour of public authorities. Focusing on EU sanctions, trade policy and relations with neighbouring and membership candidate countries, it argues that the EU's promotion of the rule of law internally and externally has strengthened considerably over time. Nevertheless, given the degradation of the rule of law on the international scene, contributors call for an overhaul of EU rule of law policy to uphold the EU's ethical commitments and strengthen its international standing. This book will be an important read for scholars and students of European law, trade law and international relations. Presenting detailed analyses of EU policy and case law, it will also be highly useful for practitioners and policy-makers seeking to promote human rights and democracy.

Structural Principles in EU External Relations Law

Author : Marise Cremona
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 43,5 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781782259961

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Structural Principles in EU External Relations Law by Marise Cremona Pdf

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

EU External Relations Law and Policy in the Post-Lisbon Era

Author : Paul James Cardwell
Publisher : Springer Science & Business Media
Page : 439 pages
File Size : 52,5 Mb
Release : 2011-11-17
Category : Law
ISBN : 9067048232

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EU External Relations Law and Policy in the Post-Lisbon Era by Paul James Cardwell Pdf

This is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations. The authors are drawn from legal, political science and international relations disciplines and consider innovations or changes brought about by the Treaty itself: the European External Action Service, the roles of the High Representative and President, the collapse of the ‘pillar’ structure and new competences such as those for foreign investment. Other chapters cover developments which reflect the latest incremental changes upon which the post-Lisbon Treaty arrangements have some bearing, including the COREU network, the transatlantic and neighbourhood relations and the external dimension of ‘internal’ security. Useful for academics working in the field of EU external relations law and foreign policy, as well as the EU law/politics/European studies market more generally.

EU External Relations Law

Author : Piet Eeckhout
Publisher : OUP Oxford
Page : 644 pages
File Size : 43,7 Mb
Release : 2011-05-26
Category : Law
ISBN : 9780191621826

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EU External Relations Law by Piet Eeckhout Pdf

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case-law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This volume examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy. Substantially updated to take into account recent case law, it also incorporates an examination of the changes made by the Lisbon Treaty. This new edition, formerly published as External Relations of the European Union: Legal and Constitutional Foundations, is an invaluable asset to those studying and working in the field.

External Relations of the European Union

Author : Piet Eeckhout
Publisher : Oxford University Press, USA
Page : 490 pages
File Size : 55,6 Mb
Release : 2005
Category : Law
ISBN : 019928721X

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External Relations of the European Union by Piet Eeckhout Pdf

The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and growing body of case-law in the area of external relations by the European Court of Justice and Court of First Instance. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important position in the overall development of the EU, and in the process of its constitution-building. This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles, and actors ofexternal policies, and on the legal effects of international agreements and international law. It brings together the legal foundations of the EU's external economic policies, centred around its trade policy, and the fledgling Common Foreign and Security Policy. It concludes by addressing the basic questions of constitutionalism raised by EU external relations, i.e. the division of competences, the protection of fundamental rights, issues of democracy and legitimacy, and judicial review.

EU International Relations Law

Author : Panos Koutrakos
Publisher : Bloomsbury Publishing
Page : 500 pages
File Size : 53,8 Mb
Release : 2006-04-14
Category : Law
ISBN : 9781847310781

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EU International Relations Law by Panos Koutrakos Pdf

In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.