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EU External Relations Law: Text, Cases

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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

‘Any meaningful study of the constitutional order of the EU


must include the external relations of the Union.
In fact, EU external relations law offers one of the best ways of understanding
the essential features of the Union legal order in general.’

Judge Allan Rosas1

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.

Ramses A Wessel and Joris Larik

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

1. The European Union as a Global Legal Actor


Ramses A Wessel (University of Groningen) and Joris Larik (Leiden
University)

2. Principles of EU External Action


Anne Thies (University of Reading)

3. EU External Competence
Andrea Ott (Maastricht University)

4. Instruments of EU External Action


Joris Larik (Leiden University) and Ramses A Wessel (University of
Groningen)

5. The EU and International Law


Ramses A Wessel (University of Groningen)

6. The EU and International Institutions


Jed Odermatt (City, University of London)
7. Common Commercial Policy
Joris Larik (Leiden University)

8. EU Development Policy
Morten Broberg (University of Copenhagen)

9. Common Foreign, Security and Defence Policy


Ramses A Wessel (University of Groningen)

10. EU External Human Rights Policy


Laurent Pech and Joelle Grogan (Middlesex University London)

11. EU External Environmental Policy


Gracia Marín Durán (University College London)

12. The External Dimension of the Area of Freedom, Security and Justice
Claudio Matera (University of Twente)

13. The EU and its Neighbours


Peter Van Elsuwege (Ghent University)

14. The External Dimension of Joining and Leaving the EU


Joris Larik (Leiden University), Peter Van Elsuwege (Ghent University)
and Bart Van Vooren (Covington)

Index
Abbreviations

AA Association Agreement

ACP African, Caribbean, Pacific

AETR European Road Transport Agreement

AFSJ Area of Freedom, Security and Justice

AG Advocate General

ARIO Articles on the Responsibility of International Organizations

ASEAN Association of South-East Asian Nations

ATAA Air Transport Association of America

BIT Bilateral Investment Treaty

CAC Codex Alimentarius Commission

CAP Common Agricultural Policy

CBD Convention on Biological Diversity

CBP Bureau of Customs and Border Protection

CCP Common Commercial Policy

CCT Common Customs Tariff

CEECs Central and Eastern European Countries

CEPOL European Police College

CETA Comprehensive Economic and Trade Agreement

CFSP Common Foreign and Security Policy

CITES Convention on International Trade in Endangered Species

CIVCOM Committee for Civilian Aspects of Crisis Management


CJEU Court of Justice of the European Union

CMPD Crisis Management and Planning Directorate

COM Communication

COREPER Committee of Permanent Representatives

COREU Correspondance Européenne

COTIF Convention concerning International Carriage by Rail

CPCC Civilian Planning and Conduct Capability

CSDP Common Security and Defence Policy

CTC Counter-terrorism Coordinator

DCFTA Deep and Comprehensive Free Trade Agreement

DG Directorate General

DSB Dispute Settlement Body

DSU Understanding on Rules and Procedures Governing the


Settlement of Disputes

EA Europe Agreement

EASO European Asylum Support Office

EBA Everything But Arms

EC European Community

ECHR European Convention on Human Rights

ECJ European Court of Justice

ECLI European Case Law Identifier

ECOSOC UN Economic and Social Council

ECOWAS Economic Community of West African States

ECR European Court Reports

ECSC European Coal and Steel Community

EDA European Defence Agency

EDC European Defence Community

EDF European Development Fund


Ed(s) Editor(s)

EEA European Economic Area

EEAS European External Action Service

EEC European Economic Community

EFTA European Free Trade Association

EIB European Investment Bank

EIDHR European Instrument for Democracy and Human Rights

EMU Economic and Monetary Union

ENP European Neighbourhood Policy

ENPI European Neighbourhood and Partnership Instrument

EP European Parliament

EPC European Political Cooperation

ERTA European Road Transport Agreement

EU European Union

EUCO European Council

EUMC European Union Military Committee

EUMM European Union Monitoring Mission

EUMS European Union Military Staff

EUPM European Union Police Mission

EURATOM Atomic Energy Community Treaty

Eurojust European Union Judicial Cooperation Unit

Europol European Police Office

EUTM European Union Training Mission

FAC Foreign Affairs Council

FAO Food and Agricultural Organization

FDI Foreign Direct Investment

FIAMM Fabbrica Italiana Accumulatori Motocarri Montecchio

FLEGT Forest Law Enforcement, Governance and Trade


FREMP Fundamental Rights, Citizens Rights and Free Movement of
Persons

FRONTEX European Agency for the Management of Operational


Cooperation at the External Borders of the Member States of
the European Union

FTA Free Trade Agreement

FYROM Former Yugoslav Republic of Macedonia

G-8/20 Group of 8/20

GATS General Agreement on Trade in Services

GATT General Agreement on Tariffs and Trade

GC General Court

GMO genetically modified organism

GNP Gross National Product

GSP Generalised System of Preferences

HR High Representative

IATA International Air Transport Association

ICAO International Civil Aviation Organization

IGC Inter-Governmental Conference

IHL International Humanitarian Law

ILC International Law Commission

ILO International Labour Organization

IMF International Monetary Fund

IMO International Maritime Organization

IO International Organization

EU ISS EU Institute for Security Studies

JAIEX External JHA Issues

JCCM judicial cooperation in criminal matters

JHA Justice and Home Affairs


MARPOL Marine Pollution (eg, the International Convention for the
Prevention of Pollution from Ships)

MDGs Millennium Development Goals

MEA Multilateral Environmental Agreement

MFF Multi-annual Financial Framework

MFN most-favoured nation

MLA Mutual Legal Assistance

MoU Memorandum of Understanding

MOX Mixed Oxide Fuel

MS Member States

NAFO Northwest Atlantic Fisheries Organization

NATO North Atlantic Treaty Organization

NPT Non-Proliferation Treaty

OCTs overseas countries and territories

OECD Organization for Economic Cooperation and Development

OIV International Organization for Vine and Wine

OJ Official Journal (of the European Union)

OSCE Organization for Security and Cooperation in Europe

PCA Partnership and Cooperation Agreement

PCD Policy Coherence for Development

PESCO Permanent Structured Cooperation

PFOS Perfluorooctoane Sulfonate

PHARE Pologne, Hongrie – Assistance à la Réstructuration des


Economies

PNR Passenger Name Records

PSC Political and Security Committee

QMV Qualified Majority Voting

REIO Regional Economic Integration Organization


RELEX External Relations

REV Revision

RGA Remote Gambling Association

SAA Stabilisation and Association Agreement

SAP Stability and Association Process

SDGs Sustainable Development Goals

SEA Single European Act

SMEs Small and Medium Sized Enterprises

SOFAs Status of Forces Agreements

SOMAs Status of Missions Agreements

SP Stability Pact

SPS Agreement on the Application of Sanitary and Phytosanitary


Measures

SWIFT Society for Worldwide Interbank Financial


Telecommunication

TAIEX Technical Assistance and Information Exchange Office

TBR Trade Barriers Regulation

TCA Trade and Cooperation agreement

TEC Treaty Establishing the European Community

TEU Treaty on European Union

TFEU Treaty on the Functioning of the European Union

TREN Transport and Energy

TRIPS Agreement on Trade-related Aspects of Intellectual Property


Rights

TTIP Transatlantic Trade and Investment Partnership

UMED Union for the Mediterranean

UN United Nations

UNCLOS United Nations Convention on the Law of the Sea

UNCTAD United Nations Conference on Trade and Development


UNESCO UN Educational, Scientific and Cultural Organization

UNGA United Nations General Assembly

UNHCR UN High Commissioner for Refugees

UNODC United Nations Office on Drugs and Crime

UNSC United Nations Security Council

UNSCR United Nations Security Council Resolution

USTR United States Trade Representative

VCLT Vienna Convention on the Law of Treaties

VP Vice President

VPA Voluntary Partnership Agreement

WB World Bank

WCO World Customs Organization

WEU Western European Union

WHO World Health Organization

WIPO World Intellectual Property Organization

WTO World Trade Organization


Table of Cases

Court of Justice and the General Court: Judgments

Numerical

Case 9/56 Meroni v High Authority of the European Coal and


Steel Community, ECLI:EU:C:1958:7 here
Case 26/62 Van Gend en Loos, ECLI:EU:C:1963:1 here, here, here
Case 6/64 Costa v Enel, ECLI:EU:C:1964:66 here, here, here, here
Joined Cases 6/69 and 11/69 Commission v France,
ECLI:EU:C:1969:68 here
Case 29/69 Erich Stauder v City of Ulm – Sozialamt,
ECLI:EU:C:1969:57 here
Case 22/70 Commission v Council (ERTA), here, here, here–here, here,
ECLI:EU:C:1971:32 here, here, here, here, here,
here, here, here
Case 92/71 Interfood GmbH v Hauptzollamt Hamburg-
Ericus ECLI:EU:C:1972:30 here
Joined Cases 21/72–24/72 International Fruit Company and
Others v Produktschap voor Groenten en Fruit, here, here, here, here, here–
ECLI:EU:C:1972:115 here
Case 4/73 Nold v Commission, ECLI:EU:C:1974:51 here
Case 181/73 Haegeman v Belgian State, ECLI:EU:C:1974:41 here, here, here
Case 87/75 Conceria Daniele Bresciani v Amministrazione
delle finanze dello Stato, ECLI:EU:C:1976:18 here
Joined Cases 3/76, 4/76 and 6/76 Kramer and others, here, here, here, here, here,
ECLI:EU:C:1976:114 here, here
Case 804/79 Commission v United Kingdom,
ECLI:EU:C:1981:93 here
Case 812/79 Attorney General v Juan C Burgoa,
ECLI:EU:C:1980:231 here
Case 270/80 Polydor v Harlequin Record Shop,
ECLI:EU:C:1982:43 here, here
Case 104/81 Hauptzollamt Mainz v Kupferberg,
ECLI:EU:C:1982:362 here–here, here
Case 307/81 Alusuisse v Council and Commission,
ECLI:EU:C:1982:337 here
Joined Cases 239/82 & 275/82 Allied Corporation and
Others v Commission, ECLI:EU:C:1984:68 here
Case 264/82 Timex v Council and Commission,
ECLI:EU:C:1985:119 here
Case 12/86 Demirel v Stadt Schwäbisch Gmünd,
ECLI:EU:C:1987:400 here, here
Case 57/86 Greece v Commission, ECLI:EU:C:1988:284 here
Case 120/86 Mulder v Minister van Landbouw en Visserij,
ECLI:EU:C:1988:213 here
Case 70/87 Fediol v Commission, ECLI:EU:C:1989:254 here, here
Case 127/87 Commission v Greece, ECLI:EU:C:1988:331 here
Case 30/88 Greece v Commission, ECLI:EU:C:1989:422 here
Case 70/88 European Parliament v Council of the European
Communities (Chernobyl), ECLI:EU:C:1990:217 here, here
Case C-69/89 Nakajima v Council, ECLI:EU:C:1991:186 here, here
Case C-192/89 Sevince v Staatssecretaris van Justitie,
ECLI:EU:C:1990:322 here, here, here
Case C-221/89 Factortame, ECLI:EU:C:1991:320 here
Case C-300/89 Commission v Council (Titanium Dioxide),
ECLI:EU:C:1991:244 here, here
Case C-358/89 Extramet Industrie v Council,
ECLI:EU:C:1991:214 here
Case C-286/90 Poulsen and Diva Navigation,
ECLI:EU:C:1992:453 here, here
Cases C-181/91 and C-248/91 Parliament v Council and
Commission (Bangladesh), ECLI:EU:C:1993:271 here, here
Case C-316/91 Parliament v Council (EDF),
ECLI:EU:C:1994:76 here, here
Case C-327/91 France v Commission, ECLI:EU:C:1994:305 here
Case C-280/93 Germany v Council, ECLI:EU:C:1994:367 here
Case C-360/93 Parliament v Council, ECLI:EU:C:1996:84 here
Case C-469/93 Chiquita, ECLI:EU:C:1995:435 here
Case C-61/94 Commission v Germany, ECLI:EU:C:1996:313 here, here
Case C-70/94 Werner, ECLI:EU:C:1995:328 here
Case C-83/94 Leifer, ECLI:EU:C:1995:329 here
Case T-115/94 Opel Austria v Council, ECLI:EU:T:1997:3 here, here
Case C-167/94 Grau Gomis and Others, ECLI:EU:C:1995:113 here
Case T-194/94 Carvel and Guardian Newspapers v Council,
ECLI:EU:t:1995:183 here
Case C-268/94 Portugal v Council, ECLI:EU:C:1996:461 here, here, here, here
Case C-84/95 Bosphorus Hava Yollari Turizm ve Ticaret AS v
Minister for Transport, Energy and Communications and
Others, ECLI:EU:C:1996:312 here
Case C-124/95 Centro-Com, ECLI:EU:C:1997:8 here
Case T-174/95 Svenska Journalistförbundet v Council,
ECLI:EU:T:1998:127 here
Case C-341/95 Gianni Bettati v Safety Hi-Tech Srl,
ECLI:EU:C:1998:353 here
Case C-53/96 Hermès International, ECLI:EU:C:1998:292 here
Case C-149/96 Portugal v Council, ECLI:EU:C:1999:574 here, here, here, here
Case C-162/96 Racke GmbH & Co v Hauptzollamt Mainz,
ECLI:EU:C:1998:293 here, here–here
Cases C-36/97 and C-37/97 Hilmar Kellinghusen,
ECLI:EU:C:2006:101 here
Joined Cases C-164/97 and C-165/97 Parliament v Council,
ECLI:EU:C:1999:99 here
Case C-179/97 Spain v Commission, ECLI:EU:C:1999:109 here
Joined Cases C-300/98 and C-392/98 Parfums Christian
Dior, ECLI:EU:C:2000:688 here, here
Case C-379/98 PreussenElektra v Schleswag,
ECLI:EU:C:2000:585 here
Case C-467/98 Commission v Denmark (Open Skies),
ECLI:EU:C:2002:625 here
Case C-469/98 Commission v Finland (Open Skies),
ECLI:EU:C:2002:627 here, here, here–here
Case C-476/98 Commission v Germany (Open Skies),
ECLI:EU:C:2002:631 here, here, here
Case C-27/00 R v Secretary of State for the Environment,
Transport and the Regions, ex parte Omega Air Ltd,
ECLI:EU:C:2002:161 here
Case T-306/01 Yusuf and Al Barakaat International
Foundation v Council and Commission,
ECLI:EU:T:2005:331 here
Case T-315/01 Kadi v Council and Commission,
ECLI:EU:T:2005:332 here, here
Case C-338/01 Commission v Council, ECLI:EU:C:2004:253 here
Case C-49/02 Heidelberger Bauchemie GmbH,
ECLI:EU:C:2004:384 here
Case C-233/02 France v Commission, ECLI:EU:C:2004:173 here
Case C-286/02 Bellio F.lli Srl v Prefettura di Treviso,
ECLI:EU:C:2004:212 here
Case C-377/02 Van Parys v BIRB, ECLI:EU:C:2005:121 here, here, here, here
Case C-94/03 Commission v Council (Rotterdam
Convention), ECLI:EU:C:2006:2 here
Case C-178/03 Commission v European Parliament and
Council, ECLI:EU:C:2006:4 here
Case C-239/03 Commission v France (Étang de Berre),
ECLI:EU:C:2004:464 here
Case C-265/03 Igor Simutenkov v Ministerio de Educación y
Cultura, Real Federación Española de Fútbol,
ECLI:EU:C:2005:213 here, here
Case C-266/03 Commission v Luxembourg (Inland
Waterway), ECLI:EU:C:2005:341 here, here
Case C-433/03 Commission v Germany (Inland Waterway),
ECLI:EU:C:2005:462 here
Case C-459/03 Commission v Ireland (Mox Plant),
ECLI:EU:C:2006:345 here, here
Case C-144/04 Mangold v Helm, ECLI:EU:C:2005:709 here
Case C-161/04 Austria v Parliament and Council,
ECLI:EU:C:2006:512 here
Case T-229/04 Sweden v Commission, ECLI:EU:T:2007:217 here
Joined Cases C-317/04 and C-318/04 Parliament v
Commission (European Network and Information Security
Agency), ECLI:EU:C:2006:346 here
Case C-344/04 R, ex parte IATA v Department for Transport,
ECLI:EU:C:2006:10 here, here
Case C-351/04 Ikea Wholesale v Commissioners of Customs
& Excise, ECLI:EU:C:2007:547 here
Case C-355/04 P Segi and Others v Council,
ECLI:EU:C:2007:116 here
Case C-91/05 Commission v Council (Small Arms/ECOWAS),
ECLI:EU:C:2008:288 here, here, here, here
Case C-173/05 Commission v Italy, ECLI:EU:C:2007:362 here
Joined Cases C-402/05 P & C-415/05 P Kadi and Al Barakaat here, here, here, here, here,
International Foundation v Council, ECLI:EU:C:2008:461 here, here, here, here, here,
here, here
Case C-403/05 Parliament v Commission (Philippine Border
Mission), ECLI:EU:C:2007:624 here–here
Case C-431/05 Merck Genéricos-Produtos Farmacêuticos v
Merck, ECLI:EU:C:2007:496 here
Joined Cases C-120/06 & C-121/06 FIAMM and Others v
Council and Commission, ECLI:EU:C:2008:98 here, here, here, here
Case C-205/06 Commission v Austria (BITs),
ECLI:EU:C:2009:118 here, here, here
Case C-249/06 Commission v Sweden (BITs),
ECLI:EU:C:2009:119 here, here
Case C-308/06 Intertanko and Others, ECLI:EU:C:2008:312 here, here, here, here
Case C-45/07 Commission v Hellenic Republic (IMO),
ECLI:EU:C:2009:81 here, here
Case C-118/07 Commission v Finland, ECLI:EU:C:2009:715 here
Case C-166/07 European Parliament v Council,
ECLI:EU:C:2009:499 here
Case C-188/07 Commune de Mesquer v Total France SA,
Total International Ltd, ECLI:EU:C:2008:359 here
Case C-246/07 Commission v Sweden (PFOS),
ECLI:EU:C:2010:203 here–here, here, here, here
Case T-85/09 Kadi v Commission, ECLI:EU:T:2010:418 here
Case C-130/10 Parliament v Council (Smart Sanctions),
ECLI:EU:C:2012:472 here, here, here
Case C-254/11 Szabolcs-Szatmár-Bereg Megyei Rend
rkapitányság Záhony Határrendészeti Kirendeltsége v
Oskar Shmodi, ECLI:EU:C:2013:182 here
Case C-366/10 Air Transport Association of America and
Others, ECLI:EU:C:2011:864 here, here, here, here
Joined Cases C-584/10 P, C-593/10 P and C-595/10 P
Commission and Others v Kadi, ECLI:EU:C:2013:518 here
Case C-414/11 Daiichi Sankyo v DEMO, ECLI:EU:C:2013:520 here, here, here
Case C-431/11 United Kingdom v Council,
ECLI:EU:C:2013:589 here
Case C-658/11 Parliament v Council (EU-Mauritius here, here, here, here, here,
Agreement), ECLI:EU:C:2014:2025 here
Case C-28/12 Commission v Council (Hybrid Act),
ECLI:EU:C:2015:282 here
Case C-114/12 Commission v Council (Broadcasters),
ECLI:EU:C:2014:2151 here, here, here
Case C-137/12 Commission v Council (Services),
ECLI:EU:C:2013:675 here, here
Case C-278/12 PPU Adil, ECLI:EU:C:2012:508 here
Case C-377/12 Philippines, ECLI:EU:C:2014:1903 here, here–here, here, here
Case C-399/12 Germany v Council (OIV),
ECLI:EU:C:2014:2258 here
Case C-66/13 Green Network v Autorità per l’energia elettrica
e il gas, ECLI:EU:C:2014:2399 here, here
Case C-81/13 United Kingdom v Council,
ECLI:EU:C:2014:2449 here
Case C-398/13 P Inuit Tapiriit Kanatami v Commission,
ECLI:EU:C:2015:190 here
Case C-425/13 Commission v Council, ECLI:EU:C:2015:483 here
Case C-439/13 P Elitaliana, ECLI:EU:C:2015:753 here, here
Case C-660/13 Council v Commission (Swiss MoU),
ECLI:EU:C:2016:616 here, here
Case C-73/14 Council v Commission (ITLOS),
ECLI:EU:C:2015:663 here, here
Case C-263/14 Parliament v Council (Tanzania),
ECLI:EU:C:2016:435 here, here, here
Case C-455/14 P H v Council, ECLI:EU:C:2016:569 here, here
Case C-600/14 Germany v Council (COTIF), here, here, here, here, here,
ECLI:EU:C:2017:935 here, here, here
Case T-754/14 Efler v Commission, ECLI:EU:T:2017:323 here
Case C-72/15 PJSC Rosneft Oil Co, formerly OJSC Rosneft
Oil Co v HM’s Treasury, Secretary of State for Business,
Innovation and Skills, The Financial Conduct Authority,
ECLI:EU:C:2017:236 here, here, here
Joined Cases C-626/15 and C-659/16 Commission v Council
(Antarctique), ECLI:EU:C:2018:925 here, here, here, here
Case C-687/15 Commission v Council, ECLI:EU:C:2017:803 here
Case C-104/16 P Council of the European Union v Front
Polisario, ECLI:EU:C:2016:973 here, here, here, here
Case T-192/16 NF v European Council, order of the Court 28
February 2017 ECLI:EU:T:2017:128 here
Case C-266/16 Western Sahara Campaign UK,
ECLI:EU:C:2018:118 here, here, here
Case C-284/16 Achmea, ECLI:EU:C:2018:158 here
Case C-638/16 PPU X and X v État Belge,
ECLI:EU:C:2017:173 here
Case C-145/17 P Internacional de Productos Metálicos SA v
Commission, ECLI:EU:C:2018:839 here
Case C-244/17 Commission v Council (Kazakhstan),
ECLI:EU:C:2018:662 here, here, here, here, here
Case C-621/18 Wightman v Secretary of State for Exiting the
European Union, ECLI:EU:C:2018:999 here
Alphabetical

Achmea, ECLI:EU:C:2018:158 (C-284/16) here


Adil, ECLI:EU:C:2012:508 (C-278/12 PPU) here
Air Transport Association of America and Others,
ECLI:EU:C:2011:864 (C-366/10) here, here, here, here
Allied Corp and Others v Commission, ECLI:EU:C:1984:68
(239/82 & 275/82) here
Alusuisse v Council and Commission, ECLI:EU:C:1982:337
(307/81) here
Attorney General v Juan C Burgoa, ECLI:EU:C:1980:231
(812/79) here
Austria v Parliament and Council, ECLI:EU:C:2006:512 (C-
161/04) here
Bellio F.lli Srl v Prefettura di Treviso, ECLI:EU:C:2004:212
(C-286/02) here
Bosphorus Hava Yollari Turizm ve Ticaret AS v Minister for
Transport, Energy and Communications and Others,
ECLI:EU:C:1996:312 (C-84/95) here
Carvel and Guardian Newspapers v Council,
ECLI:EU:T:1995:183 (T-194/94) here
Centro-Com, ECLI:EU:C:1997:8 (C-124/95) here
Chiquita, ECLI:EU:C:1995:435 (C-469/93) here
Commission v Austria (BITs), ECLI:EU:C:2009:118 (C-
205/06) here, here, here
Commission v Council, ECLI:EU:C:2004:253 (C-338/01) here
Commission v Council, ECLI:EU:C:2015:483 (C-425/13) here
Commission v Council, ECLI:EU:C:2017:803 (C-687/15) here
Commission v Council (Antarctique), ECLI:EU:C:2018:925
(C-626/15 & C-659/16) here, here, here, here
Commission v Council (Broadcasters), ECLI:EU:C:2014:2151
(C-114/12) here, here, here
Commission v Council (ERTA), ECLI:EU:C:1971:32 (22/70) here, here, here–here, here,
here, here, here, here, here,
here, here, here
Commission v Council (Hybrid Act), ECLI:EU:C:2015:282
(C-28/12) here
Commission v Council (Kazakhstan), ECLI:EU:C:2018:662
(C-244/17) here, here, here, here, here
Commission v Council (Rotterdam Convention),
ECLI:EU:C:2006:2 (C-94/03) here
Commission v Council (Services), ECLI:EU:C:2013:675 (C-
137/12) here, here
Commission v Council (Small Arms/ECOWAS),
ECLI:EU:C:2008:288 (C-91/05) here, here, here, here
Commission v Council (Titanium Dioxide),
ECLI:EU:C:1991:244 (C-300/89) here, here
Commission v Denmark (Open Skies), ECLI:EU:C:2002:625
(C-467/98) here
Commission v European Parliament and Council,
ECLI:EU:C:2006:4 (C-178/03) here
Commission v Finland, ECLI:EU:C:2009:715 (C-118/07) here
Commission v Finland (Open Skies), ECLI:EU:C:2002:627
(C-469/98) here, here, here–here
Commission v France, ECLI:EU:C:1969:68 (6/69 &11/69) here
Commission v France (Étang de Berre),
ECLI:EU:C:2004:464 (C-239/03) here
Commission v Germany, ECLI:EU:C:1996:313 (C-61/94) here, here
Commission v Germany (Inland Waterway),
ECLI:EU:C:2005:462 (C-433/03) here
Commission v Germany (Open Skies), ECLI:EU:C:2002:631
(C-476/98) here, here, here
Commission v Greece, ECLI:EU:C:1988:331 (127/87) here
Commission v Hellenic Republic (IMO), ECLI:EU:C:2009:81
(C-45/07) here, here
Commission v Ireland (Mox Plant), ECLI:EU:C:2006:345 (C-
459/03) here, here
Commission v Italy, ECLI:EU:C:2007:362 (C-173/05) here
Commission and Others v Kadi, ECLI:EU:C:2013:518 (C-
584/10 P, C-593/10 P & C-595/10 P) here
Commission v Luxembourg (Inland Waterway),
ECLI:EU:C:2005:341 (C-266/03) here, here
Commission v Sweden (BITs), ECLI:EU:C:2009:119 (C-
249/06) here, here
Commission v Sweden (PFOS), ECLI:EU:C:2010:203 (C-
246/07) here–here, here, here, here
Commission v United Kingdom, ECLI:EU:C:1981:93
(804/79) here
Commune de Mesquer v Total France SA, Total International
Ltd, ECLI:EU:C:2008:359 (C-188/07) here
Conceria Daniele Bresciani v Amministrazione delle finanze
dello Stato, ECLI:EU:C:1976:18 (87/75) here
Costa v Enel, ECLI:EU:C:1964:66 (6/64) here, here, here, here
Council v Commission (ITLOS), ECLI:EU:C:2015:663 (C-
73/14) here, here
Council v Commission (Swiss MoU), ECLI:EU:C:2016:616
(C-660/13) here, here
Council v Front Polisario, ECLI:EU:C:2016:973 (C-104/16 P) here, here, here, here
Daiichi Sankyo v DEMO, ECLI:EU:C:2013:520 (C-414/11) here, here, here
Demirel v Stadt Schwäbisch Gmünd, ECLI:EU:C:1987:400
(12/86) here, here
Efler v Commission, ECLI:EU:T:2017:323 (T-754/14) here
Elitaliana, ECLI:EU:C:2015:753 (C-439/13 P) here, here
Erich Stauder v City of Ulm – Sozialamt, ECLI:EU:C:1969:57
(29/69) here
European Parliament v Council, ECLI:EU:C:2009:499 (C-
166/07) here
European Parliament v Council (Chernobyl),
ECLI:EU:C:1990:217 (70/88) here, here
Extramet Industrie v Council, ECLI:EU:C:1991:214 (C-
358/89) here
Factortame, ECLI:EU:C:1991:320 (C-221/89) here
Fediol v Commission, ECLI:EU:C:1989:254 (70/87) here, here
FIAMM and Others v Council and Commission,
ECLI:EU:C:2008:98 (C-120/06 & C-121/06) here, here, here, here
France v Commission, ECLI:EU:C:1994:305 (C-327/91) here
France v Commission, ECLI:EU:C:2004:173 (C-233/02) here
Germany v Council, ECLI:EU:C:1994:367 (C-280/93) here
Germany v Council (COTIF), ECLI:EU:C:2017:935 (C- here, here, here, here, here,
600/14) here, here, here
Germany v Council (OIV), ECLI:EU:C:2014:2258 (C-399/12) here
Gianni Bettati v Safety Hi-Tech Srl, ECLI:EU:C:1998:353 (C-
341/95) here
Grau Gomis and Others, ECLI:EU:C:1995:113 (C-167/94) here
Greece v Commission, ECLI:EU:C:1988:284 (57/86) here
Greece v Commission, ECLI:EU:C:1989:422 (30/88) here
Green Network v Autorità per l’energia elettrica e il gas,
ECLI:EU:C:2014:2399 (C-66/13) here, here
H v Council, ECLI:EU:C:2016:569 (C-455/14 P) here, here
Haegeman v Belgian State, ECLI:EU:C:1974:41 (181/73) here, here, here
Hauptzollamt Mainz v Kupferberg, ECLI:EU:C:1982:362
(104/81) here–here, here
Heidelberger Bauchemie GmbH, ECLI:EU:C:2004:384 (C-
49/02) here
Hermès International, ECLI:EU:C:1998:292 (C-53/96) here
Hilmar Kellinghusen, ECLI:EU:C:2006:101 (C-36/97 & C-
37/97 here
Igor Simutenkov v Ministerio de Educación y Cultura, Real
Federación Española de Fútbol, ECLI:EU:C:2005:213 (C-
265/03) here, here
Ikea Wholesale v Commissioners of Customs & Excise,
ECLI:EU:C:2007:547 (C-351/04) here
Interfood GmbH v Hauptzollamt Hamburg-Ericus
ECLI:EU:C:1972:30 (92/71) here
Internacional de Productos Metálicos SA v Commission,
ECLI:EU:C:2018:839 (C-145/17 P) here
International Fruit Co and Others v Produktschap voor here, here, here, here, here–
Groenten en Fruit, ECLI:EU:C:1972:115 (21/72–24/72) here
Intertanko and Others, ECLI:EU:C:2008:312 (C-308/06) here, here, here, here
Inuit Tapiriit Kanatami v Commission, ECLI:EU:C:2015:190
(C-398/13 P) here
Kadi v Commission, ECLI:EU:T:2010:418 (T-85/09) here
Kadi v Council and Commission, ECLI:EU:T:2005:332 (T-
315/01) here, here
Kadi and Al Barakaat International Foundation v Council, here, here, here, here, here,
ECLI:EU:C:2008:461 (C-402/05 P & C-415/05 P) here, here, here, here, here,
here, here
Kramer and others, ECLI:EU:C:1976:114 (3/76, 4/76 & 6/76) here, here, here, here, here,
here, here
Leifer, ECLI:EU:C:1995:329 (C-83/94) here
Mangold v Helm, ECLI:EU:C:2005:709 (C-144/04) here
Merck Genéricos-Produtos Farmacêuticos v Merck,
ECLI:EU:C:2007:496 (C-431/05) here
Meroni v High Authority of the European Coal and Steel
Community, ECLI:EU:C:1958:7 (9/56) here
Mulder v Minister van Landbouw en Visserij,
ECLI:EU:C:1988:213 (120/86) here
Nakajima v Council, ECLI:EU:C:1991:186 (C-69/89) here, here
NF v European Council, order of the Court 28 February 2017
ECLI:EU:T:2017:128 (T-192/16) here
Nold v Commission, ECLI:EU:C:1974:51 (4/73) here
Opel Austria v Council, ECLI:EU:T:1997:3 (T-115/94) here, here
Parfums Christian Dior, ECLI:EU:C:2000:688 (C-300/98 &
C-392/98) here, here
Parliament v Commission (European Network and
Information Security Agency), ECLI:EU:C:2006:346 (C-
317/04 & C-318/04) here
Parliament v Commission (Philippine Border Mission),
ECLI:EU:C:2007:624 (C-403/05) here–here
Parliament v Council, ECLI:EU:C:1996:84 (C-360/93) here
Parliament v Council, ECLI:EU:C:1999:99 (C-164/97 & C-
165/97) here
Parliament v Council (EDF), ECLI:EU:C:1994:76 (C-316/91) here, here
Parliament v Council (EU-Mauritius Agreement), here, here, here, here, here,
ECLI:EU:C:2014:2025 (C-658/11) here
Parliament v Council (Smart Sanctions),
ECLI:EU:C:2012:472 (C-130/10) here, here, here
Parliament v Council (Tanzania), ECLI:EU:C:2016:435 (C-
263/14) here, here, here
Parliament v Council and Commission (Bangladesh),
ECLI:EU:C:1993:271 (C-181/91 & C-248/91) here, here
Philippines, ECLI:EU:C:2014:1903 (C-377/12) here, here–here, here, here
PJSC Rosneft Oil Co, formerly OJSC Rosneft Oil Co v HM’s
Treasury, Secretary of State for Business, Innovation and
Skills, Financial Conduct Authority, ECLI:EU:C:2017:236
(C-72/15) here, here, here
Polydor v Harlequin Record Shop, ECLI:EU:C:1982:43
(270/80) here, here
Portugal v Council, ECLI:EU:C:1996:461 (C-268/94) here, here, here, here
Portugal v Council, ECLI:EU:C:1999:574 (C-149/96) here, here, here, here
Poulsen and Diva Navigation, ECLI:EU:C:1992:453 (C-
286/90) here, here
PreussenElektra v Schleswag, ECLI:EU:C:2000:585 (C-
379/98) here
R v Secretary of State for the Environment, Transport and
the Regions, ex parte Omega Air Ltd, ECLI:EU:C:2002:161
(C-27/00) here
R, ex parte IATA v Department for Transport,
ECLI:EU:C:2006:10 (C-344/04) here, here
Racke GmbH & Co v Hauptzollamt Mainz,
ECLI:EU:C:1998:293 (C-162/96) here, here–here
Segi and Others v Council, ECLI:EU:C:2007:116 (C-355/04
P) here
Sevince v Staatssecretaris van Justitie, ECLI:EU:C:1990:322
(C-192/89) here, here, here
Spain v Commission, ECLI:EU:C:1999:109 (C-179/97) here
Svenska Journalistförbundet v Council, ECLI:EU:T:1998:127
(T-174/95) here
Sweden v Commission, ECLI:EU:T:2007:217 (T-229/04) here
Szabolcs-Szatmár-Bereg Megyei Rend rkapitányság Záhony
Határrendészeti Kirendeltsége v Oskar Shmodi,
ECLI:EU:C:2013:182 (C-254/11) here
Timex v Council and Commission, ECLI:EU:C:1985:119
(264/82) here
United Kingdom v Council, ECLI:EU:C:2013:589 (C-431/11) here
United Kingdom v Council, ECLI:EU:C:2014:2449 (C-81/13) here
Van Gend en Loos, ECLI:EU:C:1963:1 (26/62) here, here, here
Van Parys v BIRB, ECLI:EU:C:2005:121 (C-377/02) here, here, here, here
Werner, ECLI:EU:C:1995:328 (C-70/94) here
Western Sahara Campaign UK, ECLI:EU:C:2018:118 (C-
266/16) here, here, here
Wightman v Secretary of State for Exiting the European
Union, ECLI:EU:C:2018:999 (C-621/18) here
X and X v État Belge, ECLI:EU:C:2017:173 (C-638/16 PPU) here
Yusuf and Al Barakaat International Foundation v Council
and Commission, ECLI:EU:T:2005:331 (T-306/01) here
Court of Justice: Rulings
Ruling 1/78 Re Convention on the Physical Protection of
Nuclear Materials, Facilities and Transports,
ECLI:EU:C:1978:202 here
Court of Justice: Opinions

Opinion 1/75 (Re Understanding on a Local Costs Standard),


ECLI:EU:C:1975:145 here, here, here, here, here
Opinion 1/76 (Draft Agreement establishing a European
laying-up fund for inland waterway vessels), here, here, here, here, here,
ECLI:EU:C:1977:63 here, here
Opinion 1/78 (International Agreement on Natural Rubber),
ECLI:EU:C:1979:224 here
Opinion 1/91 (Creation of EEA), ECLI:EU:C:1991:490 here
Opinion 2/91 (ILO Convention No 170), ECLI:EU:C:1993:106 here, here, here, here, here
Opinion 2/92 (OECD), ECLI:EU:C:1994:116 here, here, here, here, here
Opinion 1/94 (WTO), ECLI:EU:C:1994:384 here, here, here, here, here,
here, here, here, here, here
Opinion 2/94 (Accession of the Community to the ECHR),
ECLI:EU:C:1996:140 here, here, here, here, here
Opinion 1/00 (Common Aviation Area),
ECLI:EU:C:2002:231 here
Opinion 2/00 (Cartagena Protocol), ECLI:EU:C:2001:664 here, here, here
Opinion 1/03 (Lugano Convention), ECLI:EU:C:2006:81 here, here, here, here–here,
here, here, here
Opinion 1/08 (Amendments to EU Schedules of
Commitments under GATS), ECLI:EU:C:2009:739 here, here, here
Opinion 1/09 (Agreement creating a Unified Patent
Litigation System), ECLI:EU:C:2011:123 here
Opinion 1/13 (Hague Convention), ECLI:EU:C:2014:23 here, here, here, here, here,
here
Opinion 2/13 (ECHR II), ECLI:EU:C:2014:2454 here, here, here, here, here,
here, here, here
Opinion 1/15 (Draft Agreement between Canada and the
European Union – Transfer of Passenger Name Record
Data from the European Union to Canada (PNR)),
ECLI:EU:C:2016:656 here, here, here
Opinion 2/15 (Singapore), ECLI:EU:C:2017:376 here, here, here, here, here,
here, here, here, here, here,
here, here, here, here
Opinion 3/15 (Marrakesh Treaty), ECLI:EU:C:2016:657 here, here, here
Opinion 1/17 (CETA), Opinion of AG Bot,
ECLI:EU:C:2019:72 here, here, here, here
Opinions of the Advocates General

Opinion of AG Bot, Opinion 1/17 (CETA),


ECLI:EU:C:2019:72 here, here
Opinion of AG Dutheillet de Lamothe, Case 22/70
Commission v Council (ERTA), ECLI:EU:C:1971:23 here
Opinion of AG Geelhoed, Case C-161/04 Austria v Parliament
and Council, ECLI:EU:C:2006:512 here
Opinion of AG Jacobs, Case C-379/98 PreussenElektra v
Schleswag, ECLI:EU:C:2000:585 here
Opinion of AG Kokott, Case C-398/13 P Inuit Tapiriit
Kanatami v Commission, ECLI:EU:C:2015:190 here
Opinion of AG Kokott, Joined Cases C-626/15 and C-659/16
Antarctique, ECLI:EU:C:2018:362 here
Opinion of AG Mengozzi, Case C-377/12 (Philippines),
ECLI:EU:C:2014:29 here
Opinion of AG Mengozzi, Case C-638/16 PP X, X v État
Belge, ECLI:EU:C:2017:93 here
Opinion of AG Poiares Maduro, Joined Cases C-120/06 & C-
121/06 FIAMM and Others v Council and Commission,
ECLI:EU:C:2008:98 here
Opinion of AG Sharpston, Opinion 2/15 (Singapore),
ECLI:EU:C:2016:992 here
National Courts

Germany

Bundesverfassungsgericht, Judgment of the second senate of


30 June 2009, 2 BvE 2/08,
ECLI:DE:BVerfG:2009:es20090630.2bve000208 here
United Kingdom
R (on the Application of Miller and Another) v Secretary of
State for Exiting the European Union [2017] UKSC 5 here
WTO Disputes

WTO, European Communities and Certain Member States –


Measures Affecting Trade in Large Civil Aircraft, Request
for Consultations by the United States of 12 October 2004,
WT/DS316/1 here
WTO, European Communities – Conditions for the Granting
of Tariff Preferences to Developing Countries, Appellate
Body Report (adopted 20 April 2004) WT/DS246/AB/R here
WTO, European Communities – Measures Affecting the
Approval and Marketing of Biotech Products, Panel Report
(adopted 21 November 2006) WT/DS291/R,
WT/DS292/R, WT/DS293/R here
WTO, European Communities – Measures Concerning Meat
and Meat Products (Hormones), Appellate Body Report
(adopted 13 February 1998) WT/DS26/AB/R,
WT/DS48/AB/R here
WTO, United States – Measures Affecting Trade in Large
Civil Aircraft, request for consultations by the European
Communities of 12 October 2004, WT/DS317/1 here
Table of Instruments and Legislation

Agreement between the European Community and the


Russian Federation on the facilitation of the issuance of
visas to the citizens of the European Union and the Russian
Federation [2007] OJ L129/1 here
Agreement between the European Union and Japan on
mutual legal assistance in criminal matters [2010] OJ
L39/20 here
Agreement between the European Union and the Federative
Republic of Brazil on short-stay visa waiver for holders of
ordinary passports [2012] OJ L255/4 here
Agreement between the European Union and the Republic of
Azerbaijan on the facilitation of the issuance of visas
[2014] OJ L128/49 here
Agreement between the European Union and the Republic of
Cape Verde on the readmission of persons residing without
authorisation [2013] OJ L282/15 here
Agreement between the European Union and the Solomon
Islands on the short-stay visa waiver [2016] OJ L292/3 here
Agreement continuing the International Science and
Technology Centre [2017] OJ L37/3 here
Agreement establishing an association between the European
Economic Community and Turkey [1977] OJ L361/1 here, here
Agreement Establishing the WTO (1994). See Marrakesh
Agreement Establishing the World Trade Organization
Agreement for the Implementation of the Provisions of the
UN Convention on the Law of the Sea relating to the
Conservation and Management of Straddling Fish Stocks
and Highly Migratory Fish Stocks (1995) here
Agreement on extradition between the European Union and
the United States of America [2003] OJ L181/27 here
Agreement on mutual legal assistance between the European
Union and the United States of America [2003] OJ
L181/34 here
Agreement on partnership and cooperation establishing a
partnership between the European Communities and their
Member States, of one part, and the Russian Federation, of
the other part [1997] OJ L327/3 here, here
Agreement on the European Economic Area [1994] OJ L1/3 here
Agreement relating to the Implementation of Part XI of the
United Nations Convention on the Law of the Sea (1982) here
Articles on the International Responsibility of International
Organizations (ARIO) here–here
Association Agreement between the European Union and its
Member States, of the one part, and Ukraine of the other
part [2014] OJ L161/3 here, here
Association Agreement between the European Union and the
European Atomic Energy Community and their Member
States, of the one part, and Georgia of the other part [2014]
OJ L261/4 here, here
Association Agreement between the European Union and the
European Atomic Energy Community and their Member
States, of the one part, and Moldova of the other part
[2014] OJ L260/4 here, here
Barcelona Convention for the Protection of the
Mediterranean Sea against Pollution (1976) here
Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal
(1989) here
Brussels Convention on Jurisdiction and the Enforcement of
Judgments in Civil and Commercial Matters (1968) here
Cartagena Protocol on Biosafety (2000) here, here
Charter of Fundamental Rights of the European Union here, here, here, here, here,
[2010] OJ C83/389 here, here, here, here, here,
here
Chicago Convention on International Civil Aviation (1944) here
Commission, Green Paper on Relations between the EU and
the ACP Countries on the Eve of the 21st Century –
Challenges and Options for a New Partnership, COM(96)
570 final here
Commission, International Cooperation and Development,
Mission Statement here
Commission, Rule of Law: European Commission launches
infringement procedure to protect judges in Poland from
political control, Brussels, IP/19/1957, 3 April 2019 here
Commission Communication, A credible enlargement
perspective for an enhanced EU engagement with the
Western Balkans, COM(2018) 65 final here, here
Commission Communication, Agenda 2000: For a stronger
and wider Union, COM(97) 2000 final here, here
Commission Communication, Enlargement Policy,
COM(2018) 450 final here
Commission Communication, Enlargement Policy,
COM(2019) 260 final here
Commission Communication, Enlargement Strategy and
Main Challenges 2006–2007, COM(2006) 649 Brussels, 8
November 2006 here
Commission Communication, Europe 2020. A Strategy for
Smart, Sustainable and Inclusive Growth, COM(2010)
2020 here
Commission Communication, Europe in the World – Some
Practical Proposals for Greater Coherence, Effectiveness
and Visibility, COM(2006) 278 final here, here
Commission Communication, European Neighbourhood
Policy Strategy Paper, COM(2004) 373 final here
Commission Communication, European Union’s Role in
Promoting Human Rights and Democratisation in Third
Countries, COM(2001) 252 final here
Commission Communication, Forest Law Enforcement,
Governance and Trade (FLEGT) – Proposal for an EU
Action Plan, COM(2003) 251 final here
Commission Communication, Guidelines for the Negotiation
of New Cooperation Agreements with the African,
Caribbean and Pacific (ACP) countries, COM(97) 537 final here
Commission Communication, Implementation and
functioning of the LBT regime, COM(2011) 47 final here
Commission Communication, Next Steps for a Sustainable
European Future – European Action for Sustainability,
COM(2016) 739 final here
Commission Communication, Policy coherence for
Development – Accelerating progress towards attaining
the Millennium Development Goals, COM(2005) 134 final here
Commission Communication, Policy Framework for Climate
and Energy in the period from 2020 to 2030, COM(2014)
15 final here
Commission Communication, Wider Europe –
Neighbourhood: A New Framework for Relations with our
Eastern and Southern Neighbours, COM(2003) 104 final here
Commission Communication to the European Parliament
and the Council, Commission Opinion on Serbia’s
Application for Membership to the European Union,
COM(2011) 668 final here
Commission Communication to the European Parliament
and the Council, Eastern Partnership Brussels,
COM(2008) 823/4 here
Commission Decision 2006/928/EC of 13 December 2006
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For this turning to God according to the inward feeling, want, and
motion of your own heart, in love, in trust of having from him all that
you want, and wish, is the best form of prayer in the
world.――――*Now no man can be ignorant of the state of his own
heart, or a stranger to those tempers, that are stirring in him; and
what should be the form of his prayer, but that which the state of his
heart demands? If you know of no trouble, feel no burden, want
nothing to be altered, or removed, nothing to be increased or
strengthened in you, how can you pray for any thing of this kind? But
if your heart knows its own plague, feels its inward evil, knows what
it wants to have removed, will you not let your distress form the
manner of your prayer? Or will you pray in a form of words, that have
no more agreement with your state, than if a man walking above-
ground, should beg every man he met, to pull him out of a deep pit?
For prayers not formed according to the real state of your heart, are
but like a prayer to be pulled out of a deep well, when you are not in
it. Hence you may see, how unreasonable it is to make a mystery of
prayer, or an art, that needs so much instruction; since every man is,
and only can be, directed by his own inward state, and condition,
when and how, and what he is to pray for, as every man’s outward
state shews him what he outwardly wants.

Academicus. I did not imagine, Rusticus, that you would have so


openly declared against manuals of devotion, since you know not
only the most learned, but the most pious doctors of the church,
consider them as necessary helps to devotion.

Rusticus. If you was obliged to go a long journey on foot, and yet


through a weakness in your legs could not set one foot before
another, you would do well to get the best travelling crutches that
you could.
But if, with sound and good legs, you would not stir one step, till
you had got crutches to hop with; surely a man might shew you the
folly of not walking with your own legs, without being thought an
enemy to crutches, or the makers of them. Now a manual is not so
good an help, as crutches, and yet you see crutches are only proper,
when our legs cannot do their office. It is, I say, not so good an help
as crutches, because that which you do with the crutches, is that
very same thing, that you should have done with your legs: you
really travel; but when the heart cannot take one step in prayer, and
you therefore read your manual, you do not do that very same thing,
which your heart should have done, that is, really pray. A fine manual
therefore is not to be considered as a means of praying, or as
something that puts you in a state of prayer, as crutches help you to
travel; but its chief use to a dead and hardened heart, that has no
prayer of its own, is to shew it, what a state and spirit of prayer it
wants, and at what a sad distance it is from feeling all that variety of
humble, penitent, grateful, fervent, resigned, loving sentiments,
which are described in the manual, that so, being touched with a
view of its own miserable state, it may begin its own prayer to God
for help. But I have done. Theophilus may now answer your earnest
request.
Theophilus. Your earnest desire, Academicus, to live in the spirit
of prayer, and be truly governed by it, is a most excellent desire; for
to be a man of prayer is that which the apostle means by living in the
Spirit, and having our conversation in heaven. It is to have done, not
only with the confessed vices, but with the allowed follies and
vanities of this world. To tell such a soul of the innocency of levity,
that it need not run away from idle discourse, vain gaiety, and trifling
mirth, as being the harmless relief of our heavy natures, is like telling
the flame, that it need not ascend upwards. But here you are to
observe, that this spirit of prayer is not to be taught you by a book, or
brought into you by an art from without; but must arise from within,
from the painful sense and feeling of what you are. And its first
prayer is nothing else but a sense of penitence, self-condemnation,
confession, and humility. It feels nothing but its own misery, and so is
all humility. This prayer of humility is met by the divine love, the
mercifulness of God embraces it; and then its prayer is changed into
hymns, and songs, and thanksgivings. When this state of fervour has
done its work, has melted away all earthly passions and affections,
and left no inclination in the soul, but to delight in God alone, then its
prayer changes again. It is now come so near to God, has found
such union with him, that it does not so much pray as live in God. Its
prayer is not any particular faculty, not confined to times, or words, or
place, but is the work of his whole being, which continually stands in
fulness of faith, in purity of love, in absolute resignation, to do, and
be, what and how his beloved pleaseth. This is the last state of the
spirit of prayer, and is its highest union with God in this life. Each of
these states has its time, its variety of workings, its trials,
temptations, and purifications, which can only be known by
experience in the passage through them. The one infallible way to go
safely through all the difficulties, trials, temptations, or opposition, of
our own evil tempers is this: to expect nothing from ourselves, to
trust to nothing in ourselves, but in every thing expect, and depend
upon God. Keep fast hold of this thread, and then let your way be
what it will, darkness, temptation, or the rebellion of nature, you will
be led through all, to an union with God: for nothing hurts us in any
state, but an expectation of something in it, and from it, which we
should only expect from God. We are looking for our own virtue, our
own piety, our own goodness, and so live on and on in our own
poverty and weakness; to-day pleased and comforted with the
seeming strength and firmness of our own pious tempers; to-morrow,
fallen into our own mire, we are dejected, but not humbled; we
grieve, but it is only the grief of pride, at seeing our perfection not to
be such as we vainly imagined. And thus it will be, till the whole turn
of our minds is so changed, that we as fully see and know our
inability to have any goodness of our own, as to have a life of our
own.

*When we are brought to this conviction, then we have done with


all thought of being our own builders; the whole spirit of our mind is
become a mere faith, and hope, and trust in the sole operation of
God’s Spirit, looking no more to any other power, to become new
creatures, than we look to any other power for the resurrection of our
bodies at the last day. Hence may be seen, that the trials of every
state are its greatest blessings; they do that for us, which we most of
all want to have done, they force us to know our own nothingness,
and the all of God.

*The soul is always safe in every state, if it makes every thing an


occasion either of rising up, or falling down into the hands of God,
and exercising faith, and trust, and resignation to him. And therefore
the pious soul that eyes only God, that means nothing but being his
alone, can have no stop put to its progress; joy and heaviness
equally assist him; in the joy he looks up to God; in the heaviness he
lays hold on God, and so they both do him the same good.
The best instruction that I can give you, as preparatory to the
spirit of prayer, is already fully given, where we have set forth the
original perfection, the miserable fall, and the glorious redemption of
man. It is the true knowledge of these great things that can do all for
you, which human instruction can do. These things must fill you with
a dislike of your present state, and create an earnest longing after
your first perfection. For prayer cannot be taught you, by giving you a
book of prayers, but by awakening in you a sense of what you are,
and what you should be; that so you may see, and know, and feel,
what things you want, and are to pray for. For a man does not,
cannot pray for any thing because a fine petition for it is put into his
hands, but because his own condition is a reason and motive for his
asking for it. And therefore it is, that this tract began with a discovery
of these high and important matters, at the sight of which the world,
and all that is in it, shrinks into nothing, and every thing past,
present, and to come, awakens in our hearts a continual prayer, and
longing desire, after God and eternity.

Academicus. But surely you do not take this to be right in


general, that the common people, who are mostly of low
understandings, should kneel down in private, without any form of
prayer, saying only what comes into their own heads.

Theophilus. It would be wrong to condemn a manual as such, or


to say that none ought to make use of it; but it cannot be wrong, to
shew, that prayer is the natural language of the heart, and such,
does not want any form or borrowed words. Now all that has been
said of manuals of prayers, only amounts to thus much; that they are
not necessary, nor the most natural and excellent way of praying. If
they happen to be necessary to any person, it is because the natural
prayer of his heart is already engaged, loving, wishing, and longing
after, the things of this life; which makes him so insensible of his
spiritual wants, so blind and dead to the things of God, that he
cannot pray for them, but so far as the words of other people are put
into his mouth.
But when a man has had so much benefit from the gospel, as to
know his own want of a Redeemer, who he is, and how he is to be
found; there every thing seems to be done, both to awaken and
direct his prayer, and make it a true praying in and by the spirit. For
when the heart really pants after God, its prayer is a praying, as
moved by the Spirit of God; it is the breath or inspiration of God,
stirring, moving, and opening itself in the heart. Nothing can have the
least desire to ascend to heaven, but that which came down from
heaven; and therefore nothing in the heart can pray, and long after
God, but the Spirit of God moving and stirring in it. Every breath
therefore of the true spirit of prayer, is nothing else but the Spirit of
God, breathing, inspiring, and moving the heart, in all its variety of
motions and affections, towards God. And therefore every time a
good desire stirs in the heart, a good prayer goes out of it, that
reaches God, as being the fruit and work of his holy Spirit. When any
man, feeling his corruption, looks up to God, with desire to be
delivered from it, whether with words or without words, how can he
pray better? What need of any change of thoughts, or words, or any
variety of expressions, when the one desire of his heart made known
to God, and continued in, is not only all, but the most perfect prayer
he can make? Again, suppose the soul in another state, feeling with
joy its offered Redeemer, and opening its heart for the full reception
of him; if it stands in this state of wishing and longing for Christ, how
can its prayer be in an higher degree?
Or if it breaks out frequently in these words, Come Lord Jesus,
come quickly, with all thy holy nature, Spirit, and tempers into my
soul, is there any occasion to enlarge or alter these words into
another form or expression? Can he do better, or pray more, than by
continually standing from time to time in this state of wishing for
Christ? Nay, is it not likely, that his heart should be more divided and
dissipated by a numerous change of expressions, than by keeping
united to one expression that sets forth all that he wants? For it is the
reality, the steadiness, and continuance of the desire, that is the
goodness of prayer. Our Lord said to one that came to him, What wilt
thou that I should do unto thee? He answered, Lord, that I may
receive my sight: and he received it. Another said, Lord, if thou wilt,
thou canst make me clean: and he was cleansed. Tell me what
learning, or fine parts, are required to make such prayers as these?
And yet what wonders of relief are recorded in scripture, as given to
such short prayers as these! And what blessing may not now be
obtained in the same way, and with as few words? Every man
therefore that has any feeling of the weight of his sin, or any desire
to be delivered from it by Christ, has learning and capacity enough to
make his own prayer. For praying is not speaking eloquently, but
simply, the true desire of the heart; and the heart, simple and plain in
good desires, is in the truest preparation for all the gifts of God. And
the most simple souls, that have accustomed themselves to speak
their own desires and wants to God, in such short, but true
breathings of their hearts, will soon know more of prayer, than any
persons who have only their knowledge from learning, and learned
books.

*And yet it is not either silence, or a simple petition, or a great


variety of outward expressions, that alters the nature of prayer, or
makes it to be good or better, but only and solely the reality,
steadiness, and continuance of the desire; and therefore whether a
man offer this desire to God in the silent longing of the heart, or in
simple, short, petitions, or in a great variety of words, is of no
consequence; but all are equally good, when the true and right state
of the heart is with them.
All that I have said of prayer, has been only to this end: to shew
its real nature; whence it is to arise; where it is to be found: and how
you are to begin, and become a true proficient in it. If, therefore, you
was at present to look no farther, than how to begin to practise a
prayer proceeding from your heart, and continue in it, leaving all that
you are farther to know of prayer, to be known in its time by
experience: this would be much better for you, than to be asking
before-hand about such things, as are not your immediate concern.

Begin to be a man of prayer, in this easy, simple, and natural


manner, that has been set before you; and when you are faithful to
this method, you will then need no other instructor in the art of
prayer. Your own heart thus turned to God will want no one to tell it,
when it should be simple in its petitions, or various in its expressions:
or prostrate itself in silence before God. But this hastiness of
knowing things, before they belong to us, is very common. Thus a
man that has but just entered upon the reformation of his life, shall
want to read or hear a discourse upon perfection, whether it be
attainable or not; and shall be more eager after what he can hear of
this, though at such a distance, than of such things as concern the
next step he is to take.
You, my friend, have taken the first step ¹ in the spiritual life; you
have devoted yourself absolutely to God, to live wholly to his will,
under the light and guidance of his holy Spirit, intending, seeking
nothing in this world, but such a passage thro’ it as may tend to the
glory of God, and the recovery of your own fallen soul. Your next
step is, looking to the continuance of this resolution, and donation of
yourself to God, to see that it be kept alive, that every thing you do
may be animated and directed by it, and all the occurrences of every
day, from morning to night, be received by you, as becomes a spirit
that is devoted to God. Now this second step cannot be taken but
purely by prayer; nothing else has the least power here but prayer; I
do not mean you must frequently read or say a number of prayers,
(tho’ this in its turn may be good and useful to you) but the prayer I
mean, and which you must practise, if you would take this second
step in the spiritual life, is prayer of the heart, or a prayer of your
own, proceeding from the state of your heart, and its own tendency
to God. Of all things therefore look to this prayer of the heart;
consider it as your infallible guide to heaven; turn from every thing
that is an hindrance of it, that quenches or abates its fervour; love
and like nothing but that which is suitable to it; and let every day
begin, go on, and end in the spirit of it. Consider yourself, as having
gone aside and lost your right path, when any delight, desire, or
trouble is suffered to live in you, that cannot be made a part of this
prayer of the heart to God. For nothing so infallibly shews us the true
state of our heart, as that which gives us either delight or trouble; for
as our delight and trouble is, so is the state of our heart: if therefore
you are carried away with any trouble or delight, that has not relation
to your progress in the divine ♦life, you may be assured your heart is
not in its right state of prayer to God. Look at a man who is devoted
to some one thing, or has some one great worldly matter at heart; he
stands turned from every thing that has not some relation to it; he
has no joy or trouble but what ariseth from it; he has no eyes or ears
but to see or hear something about it. All else is a trifle, but that
which some way or other concerns this great matter. You need not
tell him of any rules or methods to keep it in his thoughts; it goes with
him into all places and companies; it has his first thoughts in the
morning; and every day is good or bad, as this great matter seems to
succeed or not. This may shew you how easily, how naturally, how
constantly, our heart will carry on its own state of prayer, as soon as
God is its great object, or it is wholly given up to him. This may also
shew you, that the heart cannot fully enter into the spirit of prayer, till
it takes God for its all, or gives itself up wholly to God. But when this
foundation is laid, the seed of prayer is sown, and the heart is in a
continual state of tendency to God; having no other delight or trouble
in things of any kind, but as they help or hinder its union with God.
Therefore, the way to be a man of prayer, and be governed by its
spirit, is not to get a book full of prayers; but the best help you can
have from a book, is to read one full of such truths and awakening
informations, as force you to see and know who, and what, and
where you are; that God is your all; and that all is misery, but a heart
and life devoted to him. This is the best outward prayer-book you
can have, as it will turn you to an inward book and spirit of prayer in
your heart, which is a continual longing desire of the heart after God.
When, for the sake of this inward prayer, you retire at any time of the
day, never begin till you know and feel why and wherefore you are
going to pray; and let this why and wherefore, form and direct every
thing that comes from you, whether it be in thought or word. As you
know your own state, so it must be the easiest thing in the world to
look up to God with such desires as suit the state you are in; and
praying in this manner, whether it be in one, or more, or no words,
your prayer will be always highly beneficial to you.――Thus praying,
you can never pray in vain; but one month in the practise of it, will do
you more good, make a greater change in your soul, than twenty
years of prayer only by books, and forms of other peoples making.

¹ Surely, one of the last steps.

♦ “live” replaced with “life”


No vice can harbour in you, no good desire languish, when once
your heart is in this method of prayer; never beginning to pray, till
you first see how matters stand with you; asking your heart what it
wants, and having nothing in your prayers, but what the known state
of your heart puts you upon demanding, saying, or offering unto
God. Such a prayer gives new life and growth to all your virtues;
whereas, overlooking this true prayer of your own heart, and only at
certain times taking a prayer that you find in a book, you have
nothing to wonder at, if you are every day praying, and yet every day
sinking farther under your infirmities. For your life can only be altered
by that which is the real working of your heart. And if your prayer is
only a form of words, made by the skill of other people, such a
prayer can no more change you into a good man, than an actor upon
the stage, who speaks kingly language, is thereby made a king.
Again, another great and infallible benefit of this kind of prayer is
this; it is the only way to be delivered from the deceitfulness of your
own heart.

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.

Academicus. O Theophilus, you have shewn me, that the best


prayer in the world is that which the heart sends forth from itself. And
yet I am not free from suspicions about it: I apprehend it to be that
very praying by the spirit, or as moved by the spirit, or from a light
within, which is condemned as Quakerism.
Theophilus. There is but one good prayer that you can possibly
make; and that is a prayer as the Spirit of God moves you in it, or to
it. This alone is a divine prayer; no other prayer can possibly have
any communion with God. Therefore to ridicule praying by the Spirit,
or as moved by the Spirit, is ridiculing the only prayer that is divine;
and to reject and oppose it as a vain conceit, is to quench and
suppress all that is holy, heavenly, and divine within us. For if this
Holy Spirit does not live and move in us, and bring forth all the
praying affections of our souls, we may as well think of reaching
heaven with our hands, as with our prayers.

Earnestly therefore to pray, humbly to hope, and faithfully to


expect, to be continually inspired and animated by the Holy Spirit of
God, has no more of vanity, fanaticism, or enthusiastic wildness in it,
than to hope and pray, to act in every thing from and by a good spirit.
For as sure as the lip of truth hath told us, that there is but one that is
good, so sure is it, that not a spark of goodness, nor a breath of piety
can be in any creature, either in heaven or on earth, but by that
divine Spirit. The matter is not about forms of virtue, rules of religion,
or a prudent piety, suited to time, and place, and character; all these
are degrees of goodness that our old man can as easily trade in, as
in any other matters of this world. But so much as we have of an
heavenly and divine goodness, so much we must have of a divine
inspiration in us. For as nothing can fall to the earth, but because it
has the nature of the earth in it: so nothing can ascend towards
heaven, or unite with it, but that very Spirit which came down from
heaven and has the nature of heaven in it. This truth therefore, that
the kingdom of God is within us, and that its spirit is the Spirit of God,
stands upon a rock, against which all attempts are in vain. But how
shall I know when, and how far, I am led and governed by the Spirit
of God?
*Theophilus. “God is unwearied patience, an ever enduring
mercifulness; he is unmixed goodness, impartial, universal love; his
delight is in the communication of himself, his own happiness to
every thing according to its capacity. He does everything that is
good, righteous, and lovely, for its own sake, because it is good,
righteous, and lovely. He is the good from which nothing but good
cometh, and resisteth all evil, only with goodness.” This is the nature
and Spirit of God, and hereby you may know, whether you are
moved and led by the Spirit of God. Here is a proof that is always at
hand. If it be the earnest desire, and longing of your heart, to be
merciful as he is merciful; to be full of his unwearied patience, to
dwell in his unalterable meekness; if you long to be like him in
universal, impartial love; if you desire to communicate every good, to
every creature that you are able; if you love and practise every thing
that is good, righteous, and lovely, for its own sake, because it is
good, righteous, and lovely; and resist no evil, but with goodness;
then you have the utmost certainty, that the Spirit of God liveth,
dwelleth, and governeth in you. But if you want any of these
tempers, at least if the whole bent of your heart and mind is not set
upon them, all pretences to an immediate inspiration, and continual
operation of the Spirit of God are vain. Where his Spirit dwells and
governs, there all these tempers spring, as the certain fruits of it.
Therefore keep but within the bounds here set you; and you may
safely say, with St. John, Hereby we know that he abideth in us, by
the Spirit which he hath given us.

Academicus. But surely the Spirit of God often discovers itself,


and operates in very extraordinary ways, in uncommon illuminations
and openings of divine light and knowledge, in strong impulses and
sallies of a wonderful zeal, full of the highest gifts and graces of God:
and these have frequently been God’s gracious methods of
awakening a sinful world.

Theophilus. What you say, Academicus, is very true; and almost


every age of the church is a sufficient proof of it.
But would you know the sublime, the exalted, the angelic, in the
Christian life, see what the Son of God saith, Thou shalt love the
Lord thy God with all thy heart, with all thy soul, with all thy mind, and
with all thy strength; and thy neighbour as thyself. On these two,
saith he, hang all the law and the prophets. And without these two
things, no good light ever can arise or enter into your soul. Take all
the sciences, shine in all the accomplishments of the lettered world,
they will only lead you from one vain passion to another; every thing
you send out from within you is selfish, vain, and bad; every thing
you see or receive from without, will be received with a bad spirit; till
these two heavenly tempers have overcome the natural
perverseness of fallen nature. Till then, nothing pure can proceed
from within, nor any thing be received in purity from without.

Think yourself therefore incapable of judging rightly, or acting


virtuously, till these two tempers have the government of your heart.
Then every truth will meet you; no hurtful error can get entrance into
your heart; but you will have a better knowledge of all divine matters,
than all human learning can help you to.
An Extract from Mr. Law’s

Spirit of L O V E.

P A R T I.

My Dear Friend,

Y OU had no occasion to make any apology for the manner of


your letter to me; for tho’ you very well know, that I have as
utter an aversion to waste my time and thoughts in matters of
theological debate, as in any contentions merely of a worldly nature,
as knowing that the former are generally as much, if not more hurtful
to the heart of man than the latter; yet as your objections rather tend
to stir up the powers of love, than the wrangle of debate; so I
consider them only as occasions of edifying both you and myself
with the divine blessedness of the spirit of love.

You say, “There is nothing in my writings that has more affected


you than that spirit of love that breathes in them; and that you wish
for nothing so much as to have a living sensibility of the power, life,
and religion of love. But you have an objection often rising in your
mind, that this doctrine of pure and universal love may be too refined
and imaginary; because you find, that however you like it, yet you
cannot attain to it.”
Thus stands your objection, which will fall into nothing, as soon
as you look at it from a right point of view: which will be, as soon as
you have found the true ground of the nature and necessity of the
blessed spirit of love.
Now, the spirit of love has this original. God, as considered in
himself, before any thing is brought forth by him, is only an eternal
will to all goodness. This is the one eternal, immutable God, that
from eternity to eternity changeth not, that can be neither more nor
less, nor any thing else, but an eternal will to all the goodness that is
in himself, and can come from him. The creation of ever so many
creatures, adds nothing to, nor takes any thing from this immutable
God: he always was, and always will be, the same immutable will to
all goodness. So that as certainly as he is the creator, so certainly is
he the blesser of every created thing, and can give nothing but
blessing and happiness from himself, because he has in himself
nothing else to give. It is much more possible for the sun to give forth
darkness, than for God to be, or give forth, any thing but blessing
and goodness. Now this is the ground and original of the spirit of
love in the creature: it is and must be a will to all goodness, and you
have not this spirit of love but so far as you have this will to all
goodness at all times, and on all occasions. You may indeed do
many works of love, especially at such times as they are not
inconvenient to you. Yet the spirit of love is not in you, but so far as it
is the spirit of your life, as you live freely, willingly, and universally,
according to it. For every spirit acts with freedom and universality
according to what it is. It needs no command to be what it is, no
more than you need bid wrath be wrathful. And therefore when love
is the spirit of your life, it will have freedom and universality; it will
always live and work in love, not because of this or that, here or
there, but because the spirit of love can only love, wherever it is or
goes, or whatever is done to it. As the sparks know no motion, but
that of flying upwards, whether it be in the darkness of the night, or in
the light of the day; so the spirit of love is always in the same course;
it knows no difference of time, place, or persons; but whether it gives
or forgives, bears or forbears, it is equally doing its own delightful
work, equally blessed from itself. For the spirit of love, wherever it is,
is its own blessing and happiness, is in the same joy, and is the
same good to itself, every where, and on every occasion.
*Oh! Sir, would you know the blessing of all blessings, it is the
God of love dwelling in your soul, and killing every root of bitterness
which is the pain and torment of every earthly love. For all wants are
satisfied, all disorders are removed, no life is any longer a burden,
every day is a day of peace, every thing you meet becomes a help to
you, because every thing you see or do is all done in sweet, gentle
love. For as love has no by-ends, wills nothing but its own increase,
so every thing is as oil to its flame; it must have that which it wills,
and cannot be disappointed, because every thing naturally helps it to
live in its own way. The spirit of love does not want to be honoured,
or esteemed; its only desire is to propagate itself, and become the
blessing and happiness of every thing that wants it. And therefore it
meets wrath, and evil, and hatred, and opposition, with the same one
will, as the light meets the darkness, only to overcome it with all its
blessings. Did you want to avoid the ill-will, or to gain the favour of
any persons, you might easily miss of your ends; but if you have no
will but to all goodness, every thing you meet must be assistant to
you. For the wrath of an enemy, the treachery of a friend, and every
other evil, only helps the spirit of love to be more triumphant, to find
all its blessings in a higher degree. Whether therefore you consider
perfection or happiness, it is all included in the spirit of love, and
must be so, because the infinitely perfect and happy God is mere
love, an unchangeable will to all goodness: and therefore every
creature must be corrupt and unhappy, so far as it is led by any other
will. Thus you see the ground of the spirit of love. Let me now, shew
you the necessity of it: no creature can have any union or
communion with the Deity, but so far as its life is a spirit of love. This
is the one band of union betwixt God and the creature. All besides
this, call it by what name you will, is only so much error and
corruption got into the creature; and must be entirely separated from
it, before it can see God, or find the divine life. For as God is an
immutable will to all goodness, so the divine will can unite with no
creatures will, but that which willeth with him that which is good.
Here the necessity is absolute; nothing will do instead of this will; all
contrivances of holiness, all forms of religious piety, signify nothing
without this will to all goodness. For as the will to all goodness is the
whole nature of God, so it must be the whole nature of every service,
that can be acceptable to him. And therefore every thing that
followeth our own will, forsaketh the one will to all goodness. The
necessity therefore of the spirit of love, is what God cannot dispense
with in the creature, no more than he can deny himself, or act
contrary to his own holy being. But as it was his will to all goodness,
that brought forth angels, and the spirits of men, so he can will
nothing in their existence, but that they should live and work, and
manifest that same spirit of love and goodness which brought them
into being. Every thing therefore, but the will to goodness, is some
degree of apostasy, yea, rebellion against the whole nature of God.

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