This collection of essays examines and reassesses the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development. It also explores the particular character of the EU's 'external constitution.' The essays have been written against a background of change, and they 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. 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 interest those working in international relations.
About the Author
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 v List of Contributors ix Introduction xi I EU Foreign Relations: Law and Constitution 1
1 Too much constitutional law in the European Union's Foreign Relations? Bruno de Witte 3 II Foreign Relations Law in a Multi-Pillar Era 17
2 Much Ado About Pluto? The 'Unity of the European Union Legal Order' Revisited Christoph Herrmann 20
3 The Law and Practice of CFSP Joint Actions Alan Dashwood 53
4 Restraining External Competences of EU Member States under CFSP Christophe Hillion Ramses Wessell 79 III The EU and its Member States 123
5 Defending the Community Interest: the Duties of Cooperation and Compliance Marise Cremona 125
6 Legal Basis and Delimitation of Competence in EU External Relations Panos Koutrakos 171 IV Executive Accountability 199
7 Parliamentary Involvement in European International Relations Daniel Thym 201
8 Fundamental What? The Difficult Relationship between Foreign Policy and Fundamental Rights Eleanor Spaventa 233 V EU Foreign Relations, Human Rights and International Law 257
9 The Journey Towards All that is Good and Beautiful: Human Rights and 'Common Values' as Guiding Principles of EU Foreign Relations Law Paivi Leino 259
10 Effects of International Agreements in the EU Legal Order Christine Kaddous 291 Index 313