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2017 | Buch

Introducing a Layered Global Player Kapitel lesen Erstes Kapitel lesen

Legal Dynamics of EU External Relations

Dissecting a Layered Global Player

verfasst von: Prof. Dr. Henri de Waele

Verlag: Springer Berlin Heidelberg

Enthalten in: Springer Professional "Wirtschaft+Technik" , Springer Professional "Wirtschaft"

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Über dieses Buch

This book offers a concise yet comprehensive review of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it provides a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. In addition to up-to-date analyses of, inter alia, the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy, it highlights the EU's external powers with regard to the environment, fundamental rights and development cooperation. Moreover, it includes dedicated chapters exploring the relations with neighbouring countries, and explaining the complex interplay between rules of domestic, European and international provenance.

The second edition of this established text (the first edition was published under the title Layered Global Player in 2011) has been geared even more specifically towards students, for example through the inclusion of chapter overviews, clarifying boxes, and supplementary examples, while a meticulous review of the narrative has further enhanced its accessibility. As before, the book’s compact dimensions, transparent structure and engaging style of writing enable readers to master the main features of this gripping field of law with ease. It thus remains an invaluable resource for students and lecturers alike.

Inhaltsverzeichnis

Frontmatter
1. Introducing a Layered Global Player
Abstract
This chapter enables readers to familiarise themselves with the layered structure of the European Union, its presence and activities on the global scene and the legal underpinnings thereof. After a short introduction (Sect. 1.1), the sub-sections discuss, successively, the particular characteristics of the various layers (Sect. 1.2), the division of competences and the attendant interrelation between the EU and the Member States (Sect. 1.3), the Union’s international legal personality (Sect. 1.4), EU treaty-making (Sect. 1.5) and the system of judicial review (Sect. 1.6). Once the essence of these general features is well understood, the ground will be prepared for an in-depth study of the dynamics of the ‘outer’, ‘middle’ and ‘inner’ layers that contain its different external policies, and are explored further in parts I, II and III of this book.
Henri de Waele

Legal Dynamics of the Outer Layer

Frontmatter
2. The Common Foreign and Security Policy
Abstract
In this chapter, we take a closer look at the Common Foreign and Security Policy (CFSP). Although the CFSP may at first glance appear to be an all-encompassing policy, regulating all the external (‘foreign’) relations of the EU, in reality it has a much more limited reach. As will become clear in this chapter, it occupies a special and separate position, possesses a legal character that is wholly distinct from all other fields of Union law, and still today appears to carry a more residual character. In the sections following the introduction (Sect. 2.1), we in subsequent order expound the CFPS’s historical background (Sect. 2.2); its purpose and nature (Sect. 2.3); the various institutions, bodies, agencies and other actors (Sect. 2.4); decision-making (Sect. 2.5); and the array of legal instruments (Sect. 2.6).
Henri de Waele
3. The Common Security and Defence Policy
Abstract
A policy field intimately connected with the CFSP, and thereby also present in the Union’s ‘outer layer’, is the Common Security and Defence Policy. It forms a relatively new addition, reaching full operational status only in 1999. It has nevertheless rapidly grown to become of seminal importance. As the CSDP is inextricably linked to the CFSP, all the features of the latter policy, subjected to closer inspection in the previous chapter, apply mutatis mutandis in this particular field. The current chapter aims to ‘fill in the blanks’ and, after a succinct introduction (Sect. 3.1), discusses in subsequent order the CSDP’s historical evolution (Sect. 3.2); its foundations, main principles and objectives (Sect. 3.3); the theory and practice of CSDP operations (Sect. 3.4); CSDP resources (Sect. 3.5); and the consecutive EU security strategies (Sect. 3.6).
Henri de Waele

Legal Dynamics of the Middle Layers

Frontmatter
4. The Common Commercial Policy
Abstract
Of all the external policies located in the Union’s ‘middle layers’, the Common Commercial Policy (CCP) stands out most notably. Here we encounter one of the oldest fields of external competence, already present in the original EEC Treaty, and also one of the broadest. Moreover, the CCP has given rise to a colourful and highly dynamic jurisprudence, which spurred the development of principles that have become of relevance for other fields of external competence as well. In this chapter, after a short introduction (Sect. 4.1), we will first touch upon some general aspects, among which the rationale, general objectives and institutional embedding of the CCP (Sect. 4.2). Next, we engage in a study of its exact scope and purview (Sect. 4.3). Hereafter, we look at the interplay between the CCP and international trade rules (Sect. 4.4). Finally, we discuss some of the trade policies enacted under the CCP, with particular emphasis on EU anti-dumping rules (Sect. 4.5).
Henri de Waele
5. The External Environmental Policy
Abstract
After the CCP, the second most important area of EU international relations law is arguably the External Environmental Policy (EEP). For, whereas the largest part of the environmental legislation currently in force in the Member States stems from the supranational level, most of the treaties and international regulations they subscribe to have involved Union action as well. After a concise introduction (Sect. 5.1), this chapter begins by shedding light on the most important elements of the EEP and discussing some general aspects in similar vein as before (Sect. 5.2). Hereafter, it takes a closer look at the policy’s purview, in theory as well as in practice (Sect. 5.3). The investigation is concluded by a reflection on the ambitions and achievements of the EEP in a global context, devoting specific attention to the efforts of the EU and its Member States in formulating and upholding global emission standards (Sect. 5.4).
Henri de Waele
6. The External Human Rights Policy
Abstract
For quite some time already, the EU is pursuing an external fundamental rights agenda, a fact that evinces the moral calibre of at least some of its activities on the global scene. For a good understanding of the workings of the external human rights policy (EHRP), after a short introduction (Sect. 6.1), this chapter first provides a concise overview of the general place of fundamental rights in the European legal order (Sect. 6.2). Hereafter, it zooms in on the EHRP’s leading principles and main manifestations (Sect. 6.3). Next, some specific external fundamental rights practices are explored in greater detail (Sect. 6.4). Lastly, in that same section, the veracity is investigated of the recurring complaint that the Union exhibits a ‘Janus-face’ in the standards for fundamental rights protection it claims to adhere to.
Henri de Waele
7. The Development Cooperation and Humanitarian Aid Policy
Abstract
The EU regime for supporting third countries in need is three-pronged: separate rules have been put in place for development cooperation sensu stricto; for economic, financial and technical cooperation; and for the provision of humanitarian aid. The second of these, the batch of provisions on economic, financial and technical cooperation with third countries, is somewhat uncomfortably sandwiched between the other two. Moreover, at first glance, the main distinction between the three branches may not be readily apparent. All this warrants a more extensive elaboration in this chapter. For a good understanding, after a short introduction (Sect. 7.1), we shall first look into some general aspects, investigating the origin and evolution, the legal foundations and the institutional framework of the policies. That exposé will also take stock of some of their most tangible products (Sect. 7.2). We then move on to discuss the questions and challenges currently facing the EU’s development cooperation and humanitarian aid policy, especially with regard to a perceived lack of efficacy (Sect. 7.3). That discussion incorporates perspectives from the Union institutions, Member States and third countries in equal measure.
Henri de Waele

Legal Dynamics of the Inner Layer

Frontmatter
8. Special Relationships in the European Neighbourhood and Beyond
Abstract
The majority of the rules governing the special relationships with third countries reside in the innermost sphere of the layered global player. They manifest themselves at the conclusion of association agreements, at the establishment of more comprehensive frameworks such as the European Neighbourhood Policy, and in the ongoing process of EU enlargement. In these areas, the Member States are to a large extent free to act in an autonomous capacity and exercise their (residual) sovereign prerogatives. In this chapter, after a quick introduction (Sect. 8.1), we first devote attention to the theory and practice of association relationships (Sect. 8.2), highlighting the legal basis and procedure for concluding the agreements, the institutional apparatus, as well as the effects of the rules laid down. Next, we take a look at some comprehensive policy frameworks for entertaining relations with groups of third countries (Sect. 8.3), scrutinising in subsequent order the European Neighbourhood Policy, the Union for the Mediterranean and the Eastern Partnership. Finally, the topic of accession to the EU is brought to the fore (Sect. 8.5), with an analysis of the relevant criteria, a discussion of the applicable procedure, and a number of reflections on the contradictory positions that have been—and still are—taken with regard to the eligibility for membership.
Henri de Waele
9. The EU, the Member States and International Law
Abstract
Over the past decades, most issues concerning the interface between EU law and national law have been resolved, and Member States’ authorities have grown to accept the basic tenets of supremacy and direct effect. However, from the moment that rules of international law come into play as well, the relationship between norms from the EU and the national legal order becomes less clear-cut. To smoothen the interplay between international, European and national law, the Treaties contain several tools and mechanisms, but these do not succeed in eradicating the tensions altogether. In this chapter, we will explore some of the (potential) fracture lines, and analyse the legal provisions that seek to iron them out. After a brief introduction (Sect. 9.1), attention is first devoted to the place of the EU in the international legal order, and the way it has generally positioned itself (Sect. 9.2). Thereby, we shall also discuss the internal rank and effect of international law norms, as well as the meandering views of the EU Courts on that subject. Hereafter, we take a closer look at the position of the Member States, sandwiched between their international and European commitments (Sect. 9.3). In that investigation, a special focus is placed on the intricacies of managing mixed agreements, as well as on the (waning) possibilities for seeking enforcement at international courts and tribunals.
Henri de Waele
10. Conclusion: An Effective Global Player?
Abstract
This final chapter draws together the main threads from the preceding analyses, and reflects on the substantive evolution of the policies in the different layers across time and space. It first paints a picture of the gestation period of the legal rules, which has resulted in a polychrome set of norms that nowadays displays a substantial internal coherence. This dynamic is subsequently contrasted with the political realities, whereby some structural tensions between the institutions, between the Union and its Member States, as well as between the EU and its international partners, are highlighted. Hereafter, hypothesising that the suboptimal performance of the Union may be ascribed to the suboptimal design of the legal framework, a brief inquiry is made into possible modifications that could increase the Union’s overall efficacy. While taking note of the deficiencies that are likely to continue to hamper its activities, the chapter concludes by underscoring the favourable results achieved by the EU in the various capacities in which it has manifested itself on the global scene.
Henri de Waele
Backmatter
Metadaten
Titel
Legal Dynamics of EU External Relations
verfasst von
Prof. Dr. Henri de Waele
Copyright-Jahr
2017
Verlag
Springer Berlin Heidelberg
Electronic ISBN
978-3-662-54817-2
Print ISBN
978-3-662-54816-5
DOI
https://doi.org/10.1007/978-3-662-54817-2

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