Foreign Affairs And The Eu Constitution

"Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet: in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so: how? "Foreign Affairs and the EU Constitution" brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union"--

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

The purpose of the European Constitution is to make the European Union more democratic and more accessible to its citizens, and to enable it to function more effectively. The burgeoning EU is no longer governable through the Treaties as they stand. Yet the document that politicians have hailed as "historic" is needlessly complicated, and virtually incomprehensible to ordinary people. This was one of the main reasons why the citizens of France and the Netherlands rejected the Constitution in their referenda. The European Constitution marks the starting point for a renewed debate about Europe. This book makes it easier to understand both the Constitution and the EU in general. Using accessible language, it guides the reader through the complicated subject matter step by step. Concise tables explain the genesis of the Constitution, its structure, the changes that it will bring about, and how decisions in the EU will be made in the years to come. Those who wish to play a part in shaping the future of Europe need to be familiar with the basic foundations of the European Union, and this demands an understanding of the European Constitution.

This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.

The European Union is now entering a crucial phase as the ratification process accelerates and key debates and referenda take place in existing and potentially new member states. The Union’s Constitutional treaty is often cast as either a blueprint for a centralized and protectionist super-state or as the triumph of Anglo-Saxon economics. Yet it has been little read, particularly in the United Kingdom. This book puts this right by publishing the full text of the crucial first part of the document and showing that it does not justify either of the extreme interpretations imposed on it. Written by two experts of the treaties, Understanding the European Constitution sets the Constitutional Treaty in context, examining its main themes and content and considering the implications of any rejection. It does this in uncomplicated language and with the help of explanatory tables and a glossary. Those who wish to make a considered verdict on the basis of the facts will find it invaluable.

The European Convention and the Rome and Brussels IGCs : a veto players analysis / George Tsebelis -- The European Convention : consensus without unity? / Thomas Kèonig, Andreas Warntjen and Simone Burkhart -- Austria : the coordination of the national position regarding the Constitution / Christine Arnold and Annemieke Burmeister -- Belgium, the Convention and the IGC : consensus and coalition politics / Christophe Crombez and Jan Lebbe -- Cyprus : under the shadow of the inter-communal conflict / Spyros Blavoukos and George Pagoulatos -- The Czech Republic : sitting on the fence / Tobias Schulz and Martina Chabreckova -- Denmark : the Nordic Model as an effort to bridge elite Euro-optimism and popular Euro-skepticism / Hartmut Lenz and Han Dorussen -- Estonia : a single voice in Europe's intergovernmental bargaining / Daniel Finke -- Finland : centralized consensus on EU constitution building / Daniel Finke and Thomas König -- France : The President takes all / Tobias Schulz -- Germany : the promoter of European integration? / Stephanie Daimer and Thomas König -- Greece : overcoming negative stereotyping / George Pagoulatos and Spyros Blavoukos -- Hungary : united in support, divided by borders / Anna Gwiazda and Kenneth Benoit -- Ireland : pragmatism and the EU constitution / Anna Gwiazda -- Italy : the presidency at work? / Tobias Schulz -- Latvia and the EU constitution : a pragmatic yes / Stephanie Daimer -- Lithuania : a priority for Europe / Stephanie Daimer -- Luxembourg, the Convention and the IGC : consensus and concern for its economy / Christophe Crombez and Jan Lebbe -- Malta : the importance of being unimportant / Spyros Blavoukos -- The Netherlands : domestic preference formation on the European Constitution / Christine Arnold, Madeleine O. Hosli and Paul Pennings -- Poland : the struggle for Nice / Anna Gwiazda -- Portugal : quest for a new role / Spyros Blavoukos and George Pagoulatos -- Slovakia : avoiding conflict to secure stability / Tobias Schulz and Martina Chabreckova -- Slovenia : consensus, integration and the protection of identity / Giacomo Benedetto -- Spain : preference formation and European constitution building / Raj S. Chari and Alfonso Egea-de Haro -- Sweden's third way toward the EU constitution : promoting social policies and safeguarding neutrality / Hartmut Lenz and Han Dorussen -- The United Kingdom : position taking and the protection of red lines / Giacomo Benedetto -- The Commission, the Convention and the IGC : consensus and concern for its role / Christophe Crombez and Jan Lebbe -- The European Parliament : consensus and coordination for enhanced powers / Giacomo Benedetto.

"The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes, that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world"--