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Ebook Eu External Relations Law Text Cases and Materials 2Nd Edition Ramses A Wessel Online PDF All Chapter
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EU EXTERNAL RELATIONS LAW
The first edition of this seminal textbook made a significant impact on the teaching of EU
external relations law. This new edition retains the hallmarks of that success, while
providing a fully revised and updated account of this burgeoning field. It offers a dual
perspective, looking at questions from both the EU constitutional law perspective (the
principles underpinning EU external action, the EU’s powers, and the role of the Court of
Justice of the EU); and the international law perspective (the effect of international law in
the EU legal order and the position of the EU in international organisations such as the
WTO). A number of key substantive policy areas are explored, including trade, security and
defence, police and judicial cooperation, the environment, human rights, and development
cooperation. Taking a ‘text, cases and materials’ approach, it allows students to gain a
thorough understanding of milestones in the evolution of EU law in this area, their judicial
interpretation and scholarly appraisal. Linking these pieces together through the authors’
commentary and analysis ensures that students are given the necessary guidance to properly
position and digest these materials. Lastly, each chapter concludes with a section entitled
‘The Big Picture of EU External Relations Law’, which weaves together the diverse and
complex materials into a coherent whole and stimulates critical discussion of the topics
covered.
EU External Relations Law
Text, Cases and Materials
Second Edition
Edited by
Ramses A Wessel
and
Joris Larik
Preface
The patchwork of EU external policies and instruments is the result of more than 60 years of
European integration. The present book conceptualises EU external relations law as a body
of rules matured as a discipline against an historical and present-day political backdrop: on
the one hand, the project of European integration and, on the other, the reality of
international politics which requires a coherent and effective European response.
Indeed, EU external relation law has developed into a sub-discipline of its own, with its
own conferences, journals, and academic community. Yet, it has become equally clear that
all EU internal policies have an external dimension. While the popular and perhaps exciting
image of EU External Relations Law is indeed its global perspective and its focus on grand
challenges, the day-to-day implementation of EU external action can prove more mundane.
EU External Relations Law is largely about who can do what and when and on which legal
basis. Yes, it is about how the EU deals with China, the United States, Africa or Latin
America, how it operates in the United Nations or the World Trade Organization, and about
the EU’s contribution to sustainable development, human rights protection, peace and
security issues or managing refugee crises. At the same time, to a large extent, the legal
questions relate to the division of powers (‘competences’) between the Union and its
Member States and between the different EU institutions. While the case law is often
characterised by technical complexities, we should never forget the institutional battles and
constitutional questions that loom behind them.
The present book aims to provide an in-depth analysis of the field of EU External
Relations Law by discussing relevant actors, principles, instruments, and competences as
well as also by zooming in on the key policy areas. The book’s purpose is to allow students,
scholars, and practitioners to understand the central concepts and salient developments in
this field and explain these by pointing to the pertinent Treaty provisions, legislation, case
law, and institutional practice.
Whereas the first edition of this book was written by two authors, the current version is
based on contributions by various experts. The main reason for this is the increasing
complexity of the field and, consequently, the wish to use specialists in the various sub-fields
of EU External Relations Law. This second edition also benefited from the many
constructive comments we received over the years from both colleagues and students, which
we have taken into account as far as possible.
Our ‘text, cases, and materials’ approach has remained the same: we analyse legal
provisions and case law by partly reproducing these. This implies that readers do not need
additional sources to follow the line of argumentation and that the most relevant provisions
are used as part of the analysis. In addition, shorter or more lengthy quotes from relevant
key scholarly publications or policy documents are introduced to clarify certain specific
issues. Within these excerpts some original references have been left out to save space, so
for full quotations it is advised to go back to the original sources.
The development of this edition has also benefitted from two research clinics at Leiden
University College The Hague, in the framework of which a group of dedicated students
helped with editing and proofing the various chapters. We are very grateful to Tess Baker,
Louise Bekkers, Hannah Koole, Angela Pandita Gunavardana, Rebecca Poort, Michael
Scullion-Mindorff, Sterre van Campen, and Femke van der Eijk for their hard work and
valuable contributions.
Last but not least, as editors we are indebted to Bart Van Vooren, who first came up with
the idea for this textbook and together with Ramses Wessel wrote the first edition. We are
happy that we were able to convince Bart – who has taken to contributing to the
development of the EU’s legal order first-hand as a practitioner – to contribute to the final
chapter of this book, so he is still part of the team. Moreover, throughout the book, the
reader will find many sentences that originate from his thinking.
We hope that you will enjoy this new, updated version.
1 A Rosas, ‘Mixity Past, Present and Future: Some Observations’ in M Chamon and I Govaere (eds) EU
External Relations Post-Lisbon: The Law and Practice of Facultative Mixity (Leiden, Brill/Nijhoff,
forthcoming 2020).
Contents
Preface
Abbreviations
Table of Cases
Court of Justice and the General Court: Judgments
Court of Justice: Rulings
Court of Justice: Opinions
Opinions of the Advocates General
National Courts
WTO Disputes
Table of Instruments and Legislation
3. EU External Competence
Andrea Ott (Maastricht University)
8. EU Development Policy
Morten Broberg (University of Copenhagen)
12. The External Dimension of the Area of Freedom, Security and Justice
Claudio Matera (University of Twente)
Index
Abbreviations
AA Association Agreement
AG Advocate General
COM Communication
DG Directorate General
EA Europe Agreement
EC European Community
EP European Parliament
EU European Union
GC General Court
HR High Representative
IO International Organization
MS Member States
REV Revision
SP Stability Pact
UN United Nations
VP Vice President
WB World Bank
Numerical
Germany
Our hearts deceive us, because we are absent from them, taken
up in outward things, in outward rules and forms of living and
praying. But this kind of praying, which takes all its thoughts from the
state of our hearts, makes it impossible for us to be strangers to
ourselves. The strength of every sin, the power of every evil temper,
the most secret working of our hearts, the weakness of any or all our
virtues, is seen with a noon-day clearness, as soon as the heart is
made our prayer-book, and we pray for nothing, but according to
what we read and find there.
Spirit of L O V E.
P A R T I.
My Dear Friend,