EU powers under external pressure : how the EU's external actions alter its internal structures

EU powers under external pressure : how the EU's external actions alter its internal structures / Christina Eckes.

This book examines how and where the EU's intensified external actions have impacted its internal constitutional structure, concentrating on how its organisational principles have been influenced and as a result, profoundly alter the involvement of the various EU institutions and the influence...

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Bibliographic Details
Main Author: Eckes, Christina (Author)
Format: eBook
Language:English
Published: Oxford, United Kingdom : Oxford University Press, 2019.
Edition:First edition.
Subjects:
European Union.
European Union
2000-2099
LAW > Administrative Law & Regulatory Practice.
Diplomatic relations
International law.
Law.
European Union countries > Foreign relations > 21st century.
European Union countries
Online Access:Click for online access
Table of Contents:
  • Cover; Series; EU Powers Under External Pressure; Copyright; Table of Contents; Table of Cases; Table of Legislation; List of Abbreviations; Introduction: External Relations as a Constitutional Challenge; Objective of the Book; Relevance of EU Law; Dilemma; Fear of EU External Actions?; Terminological Clarifications; Structure of the Book; 1. Conceptual Toolkit: Bonding Structures, Autonomy, Effectiveness, and Legitimacy; 1. Introduction; 2. Structures of Bonding; 2.1 EU law as source of rights and obligations; 2.2 Representation within the Union; 2.3 Legal structures and politics
  • 3. Autonomy and Effectiveness3.1 The Court's narrative of the autonomous legal order; 3.2 Interlocking embrace; 3.3 Institutional backbone; 3.4 Fragility of an interlocking embrace; 3.5 Fragility of otherness; 4. Legitimacy; 4.1 Different aspects; 4.2 The link between autonomy and legitimacy; 4.3 External relations as purpose?; 5. Conclusions; 2. EU Loyalty: Framing Legal Relationships; 1. Introduction; 2. The Principle of Sincere Cooperation: Taking Stock; 2.1 Codifications; 2.2 Sincere cooperation in the case law: subjects, objects, and integrative force; 2.3 Limits
  • 3. Beyond the Law: What is Loyalty?3.1 A conceptual approach; 3.2 Institutional loyalty; 3.3 Framing force and limits; 4. Loyalty and External Relations; 4.1 Exclusivity and pre-​emption; 4.2 Mixed agreements: differences between internal and external actions; 4.3 Information and communication obligations; 4.4 Unity of international representation as an independent source of distinct obligations; 4.5 Protecting autonomous actions of the Union in the future; 5. The Transformative Effect of EU Loyalty; 5.1 Loyalty: justified choice; 5.2 Stricter EU loyalty in external relations; 6. Conclusions
  • 3. Organizational Principles Under External Pressure: Subsidiarity, Primacy, and Coherence1. Introduction; 2. Subsidiarity Under External Pressure; 2.1 Constitutional framework and interpretation; 2.2 A revealing example: externalities in environmental law; 2.3 Rebuttable presumption that Union action in external relations is needed?; 3. Primacy Under External Pressure; 3.1 Meaning and interpretation within the EU; 3.2 A revealing case of external pressure: UN counter-​terrorist sanctions; 3.3 Primacy: relevance for external relations; 4. Coherence Through Ambiguity
  • 4.1 Constitutional framework and interpretation4.2 Coherence in external relations; 4.3 Institutional ambiguity; 4.4 Ambiguity triggers litigation and extends jurisdiction; 4.4.1 Mutual non-​affection clause; 4.4.2 Horizontal objectives; 4.4.3 Procedural prerogatives before the court; 4.4.4 Enforceability and constitutionalization; 5. Conclusions; 4. Consequences of Choosing an External Legal Basis; 1. Introduction; 2. Choice of Legal Basis: Relevance and Principles; 3. Consequences and Function of (External) Legal Bases; 3.1 Parallel competences in external relations; 3.2 Geographical scope

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