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The European Court of Justice and external relations law : constitutional challenges

"This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political."--Bloomsbury Publishing.

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  • ""This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political."--Bloomsbury Publishing."@en
  • "This book discusses the contribution of the Court of Justice of the European Union (the Court) to the formation of the European Union (EU) as an international actor, its approach to and responsibility for the Court faces in this context. It seems to us to be an opportune moment to focus on the Court as a specific actor in the EU system of external relations. The Lisbon Treaty has been in force for five years and it is possible to reflect on the ways in which the allocation force for five years and it is possible to reflect on the ways in which the allocation and categorization of competence under the Lisbon Treaty affect the approach of the Court towards its own role as well as its interaction with other international courts and Member State courts. The ever-increasing cross-policy nature of much EU external action (with its emphasis on policy coherence) is giving rise to both vertical and horizontal competence disputes and to questions over the relationship of international legal obligations in the jurisprudence of the Court and its impact on the role of the EU as an international actor. These discussion are taking place against a background of debate over the character of judicial reasoning and law-making by the Court of Justice and invite us to consider whether there is, or should be, a specific framework for the development of {u2018}external relations law.{u2019}"@en
  • "In the recent development of the external dimension of the EU, the part played by the European Court in developing EU external relations law has been under-examined. This book remedies that lack by assessing the role of the ECJ in this sphere."@en
  • "La 2e de couverture indique : "Présentation de l'éditeur : "This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.""

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  • "Aufsatzsammlung"
  • "Electronic books"@en

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  • "The European Court of justice and external relations law constitutional challenges"
  • "The European Court of justice and external relations law : constitutional challenges"
  • "The European Court of Justice and external relations law : constitutional challenges"
  • "The European Court of Justice and external relations law : constitutional challenges"@en
  • "The European Court of Justice and external relations law constitutional challenges"@en
  • "The European Court of Justice and External Relations Law Constitutional Challenges"@en

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