Download EU Foreign Relations Law: Constitutional Fundamentals by Marise Cremona, Bruno De Witte PDF

By Marise Cremona, Bruno De Witte

This choice of essays examines and reassesses the elemental rules of ecu overseas family members legislations that experience emerged over 50 years of incremental Treaty-based and judicial improvement. It additionally explores the actual personality of the EU's 'external constitution.' The essays were written opposed to a historical past of switch, and so they debate: the deliberation over the nature of the suitable constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the more and more cross-pillar nature of a lot ecu exterior motion, and renewed curiosity within the responsibility of international family coverage and perform to democratic and judicial overview inside of and with out the ecu. In exploring the felony context within which the ecu seeks to enhance a world identification, and to constitution and execute guidelines on the overseas point, the gathering will curiosity these operating in diplomacy.

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47 Art 3(2), first indent. 48 See Council Decision 2006/729/CFSP/JHA of 16 October 2006 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security, [2006] OJ L/298/27. 49 Case T–306/01 Yusuf and Al Barakaat International Foundation v Council and Commission [2006] ECR II–3533 and Case T–315/01 Kadi v Council and Commission [2006] ECR II–3649.

The semantic differentiation between the ‘European Communities’ and the ‘policies and forms of cooperation’ lays the basis for the dichotomy between supranational EC law and intergovernmental EU law. Upon this—as well as other provisions of the TEU—rests the negation of an organisational character of the European Union—not to speak of legal personality—and its description as a mere permanent intergovernmental conference (Regierungskonferenz), or conference of governments. Consequently, acts adopted under the second or third pillar are described as agreements between the Member States, ie as traditional public international treaty law and not as secondary law of an international organisation.

29 Columns Design Ltd / Job: Cremona_and_de_Witte / Division: Ch2 /Pg. Position: 8 / Date: 13/6 JOBNAME: Cremona & De Witte PAGE: 11 SESS: 2318 OUTPUT: Thu Jul 3 15:05:50 2008 Much Ado about Pluto? 35 V. LEGAL UNITY AND LEGAL DIVERSITY—RECENT APPROACHES OF THE EUROPEAN COURTS After some 12 years during which the legal problems caused by the ‘cross-pillarisation’ of EU policies played almost no role before the ECJ, they have arrived there within the last few years en masse. Many of the issues brought before the Court concern the choice of legal basis.

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