EU external relations law : the cases in context / Graham Butler and Ramses A. Wessel.

Format:

Book

Contributor:

Wessel, Ramses A, editor.

Butler, Graham, editor.

Language:

English

Subjects (All):

Trade regulation--Law and legislation--European Economic Community countries.

Trade regulation.

Foreign trade regulation--European Economic Community countries.

Foreign trade regulation.

Commercial policy--European Economic Community countries.

Commercial policy.

Physical Description:

1 online resource (1,125 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2022

Place of Publication:

London [England] : Hart Publishing, 2022

Summary:

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe. Cited in Opinion of Advocate General Nicholas Emiliou in Case C-516/22, European Commission v United Kingdom of Great Britain and Northern Ireland, ECLI: EU: C: 2023: 857 ( Judgment of the UK Supreme Court ), Court of Justice of the European Union, 9 November 2023.

Contents:

Outline Table of Contents Detailed Table of Contents List of Contributors List of Abbreviations EU External Relations Law and Navigating the Case Law of the Court of Justice of the European Union 1. Implied Powers of the EU, Limits to Political Expediency and Internationally Inspired Pragmatism: Commission v Council (ERTA) 2. International Agreements in the EU Legal Order: International Fruit 3. International Agreements as an Integral Part of EU Law: Haegeman 4. Common Commercial Policy and the Determination of Exclusivity: Opinion 1/75 (Local Cost Standard) 5. The EU Customs Union, International Agreements of EU Member States, and the Doctrine of Substitution: Nederlandse Spoorwegen 6. Establishing Direct Effect of Provisions in International Agreements: Bresciani 7. Refining and Expanding Implied Powers of the Union: Kramer 8. Linking Internal and External Trade in a Perfect Customs Union: Donckerwolcke 9. EU External Competence in the Absence of Internal Rules, and the Sleeping Beauty: Opinion 1/76 (Laying Up Fund for Inland Waterway Vessels) 10. The Birth of the Principle of Close Cooperation, Declaration of Competences, and the Ruling Procedure: Ruling 1/78 (Convention on Nuclear Protection) 11. Defining the Scope of the Treaty-Making Competence for the Formulation of the Common Commercial Policy: Opinion 1/78 (Natural Rubber) 12. International Agreements Concluded by Member States Prior to their EU Accession: Burgoa 13. The Purpose of International Agreements and their Direct Effect: Polydor 14. Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg 15. The EU's Common Customs Tariff, Uniform Application of International Agreements, and the Demarcation between EU and Member State 'Spheres of International Law': SPI/SAMI 16. Direct Effect of Association Agreements and the Meaning of 'Association': Demirel 17. Judicial Review of EU Measures in the Light of WTO Rules: Fediol and Nakajima 18. The Integration of Decisions of Association Councils in EU Law: Greece v Commission (Special Aid to Turkey) 19. The Legal Effects of Decisions of Autonomous Bodies Established under an International Agreement: Sevince 20. The Union's Participation in Legally Binding International Third-Party Dispute Settlement: Opinion 1/91 (EEA I) and Opinion 1/92 (EEA II) 21. Setting the Multiple Functions of Customary International Law in the EU Legal Order: Poulsen 22. ERTA, Mixity and the Duty of Cooperation in the Conclusion of International Agreements: Opinion 2/91 (ILO Convention) 23. The Reviewability of Acts Adopted by the Member States Meeting within the Council: Parliament v Council and Commission (Bangladesh Aid) 24. Legality of the European Development Fund and the European Parliament's Prerogatives: Parliament v Council (European Development Fund) 25. Unrecognised 'States' and EU Law: Anastasiou I 26. No General Treaty-Making Power of the Commission to Conclude International Administrative Agreements: France v Commission I 27. Consistent Interpretation and Continuous Dialogue between the EU and the WTO: Germany v Council (Bananas) 28. A Setback in a Never-Ending Expansion to External Competence? Opinion 1/94 (WTO) 29. The Scope of the Union's Exclusive External Competences and the Verification of Competence: Opinion 2/92 (OECD) 30. Unilateral Measures of Member States Affecting the Internal Market and the Law/Politics Divide in External Relations: Commission v Greece (FYROM) 31. EU Membership in International Organisations and the Joint Exercise of Membership Rights: Commission v Council (FAO) 32. The First Attempt at EU Accession to the ECHR: Opinion 2/94 33. Enforcement of International Sanctions within the EU Legal Order: Bosphorus 34. Scope of EU Development Policy: Portugal v Council (India Cooperation Agreement) 35. Legal Certainty and Customary International Law: Opel Austria 36. Invoking Customary International Law before the Court: Racke 37. The Effect of WTO Law in the EU Legal Order: Portugal v Council 38. The Member States' Duty to Denounce Anterior Treaties: Commission v Portugal (Maritime Policies) 39. The Relationship between the Common Commercial Policy and Other External Competences of the EU: Opinion 2/00 (Cartagena Protocol) 40. Autonomy of the EU Legal Order and International Agreements Extending the Acquis: Opinion 1/00 (European Common Aviation Area) 41. Clarification of Exclusive Implied External Competence of the Union: Open Skies 42. Respect for Institutional Balance in the Adoption of Non-legally Binding Agreements: France v Commission II 43. The Effect of WTO Dispute Settlement Body Decisions in EU Law: Van Parys 44. Direct Effect of the EU-Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov 45. The Indissociable Link between Environmental Policy and the Common Commercial Policy: Commission v Council (Rotterdam Convention I) 46. Lowering the Threshold for Finding Implied Powers: Opinion 1/03 (Lugano Convention) 47. The Exclusive Jurisdiction of the Court and International Courts: Commission v Ireland (Mox Plant) 48. Judicial Protection in Autonomous Restrictive Measures Involving Composite Administrative Procedures: OMPI 49. The Autonomy of EU Law vis-a-vis International Law: Kadi I and Kadi II 50. Laying the Foundation for a Broad Scope of EU Development Cooperation Policy and its Delimitation with Other EU External Competence: Parliament v Commission (Philippines Border Management) 51. The Pre-Lisbon Machinery for the Delimitation of the CFSP: Commission v Council (ECOWAS) 52. The Legal Effects of the MARPOL Convention and the UN Convention on the Law of the Sea: Intertanko 53. Implied External Exclusivity and the Duty of Loyal Cooperation in International Organisations: Commission v Greece (International Maritime Organisation) 54. Visa Requirements for Turkish Citizens: Soysal & Savatli and Demirkan 55. The Application of EU Law in an Unrecognised Entity: Apostolides v Orams 56. Potential Incompatibility of International Agreements Concluded by Member States before Accession: Commission v Austria, Commission v Sweden and Commission v Finland 57. The Application of EU International Agreements to Occupied and Disputed Territories: Brita 58. Union Loyalty in Mixed External Relations and the Weight of Informal Preparatory Acts: Commission v Sweden (PFOS) 59. The Ambivalent Clarification of the Effects of International Conventional and Customary Law in the European Union: Air Transport Association of America 60. The Choice of Legal Basis between the AFSJ and the CFSP: Parliament v Council (Smart Sanctions) 61. Common Commercial Policy or Internal Market Rules as the Legal Basis for the Conclusion of International Agreements after Lisbon: Commission v Council (Conditional Access Convention) 62. The Choice of Legal Basis for Coordination of Social Security Systems with Associated Third Countries: UK v Council (EEC-Turkey) 63. Jurisdiction of the EU Courts in the CFSP when Linked to the EU Budget: Elitaliana 64. Intellectual Property and the Post-Lisbon Common Commercial Policy: Daiichi Sankyo 65. The Application of EU Internal Competences in an External Context: UK v Council (EEA) 66. The Normalisation of CFSP International Agreements in the EU Legal Order: Parliament v Council (Mauritius) and Parliament v Council (Tanzania) 67. The Legal Basis for International Agreements in the field of Development Cooperation Post-Lisbon, and its Potential as a Catch-All Provision: Commission v Council (Philippines PCA) 68. Member States as Trustees of the Union in International Organisations: Germany v Council (OIV) 69. The ERTA Doctrine Post-Lisbon: Opinion 1/13 (Convention on the Civil Aspects of International Child Abduction) 70. The Second Attempt at EU Accession to the ECHR: Opinion 2/13 71. The Impact of Obligations under International Agreements on the (Judicial) Review of EU Measures: Stichting Natuur en Milieu and Pesticide Action Network Europe 72. Hybrid Acts of the EU and its Member States Concerning International Agreements: Commission v Council (US Air Transport Agreement) 73. Balancing Institutional Powers in Negotiating Directives and EU External Environmental Relations: Commission v Council (Australia ETS) 74. EU Representation in International Litigation: Council v Commission (International Tribunal for the Law of the Sea) 75. The Compatibility of EU International Agreements Extending to Occupied Territories with International Law: Front Polisario and Western Sahara Campaign UK 76. The Scope of the Court's Jurisdiction in the CFSP: H v Council and Others 77. Institutional Balance in the Conclusion of Non-binding International Agreements Revisited: Council v Commission (Swiss MoU) 78. The Concept of (Non-)Commerciality and the ERTA Doctrine Post-Lisbon: Opinion 3/15 (Marrakesh Treaty)

ISBN:

9781509939701

1509939709

1-5099-3972-5

OCLC:

1291220380