EU external relations law and the European neighbourhood policy : a paradigm for coherence / / Bart Van Vooren

• Autore: Van Vooren Bart
• Pubblicazione: London ; ; New York : , : Routledge : , : Taylor & Francis, , 2012
• Descrizione fisica: 1 online resource (713 p.)
• Disciplina: 341.242/2
• Soggetto topico: International and municipal law - European Union countries; International cooperation - European Union countries
• Soggetto geografico: European Union countries Foreign relations Law and legislation
• Classificazione: LAW000000LAW051000POL011000
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Cover; Title Page; Copyright; Contents; List of Tables and Figures; Table of Cases; Table of EU Instruments; Acknowledgements; Introduction; 1. A Legal History of Fragmentation and Coherence in EU External Action; 1.1 Introduction; 1.2 The Development of EPC 'in the Shadow' of the EEC; 1.3 The Maastricht Treaty: A Watershed for 'EU' External Relations?; 1.4 From Amsterdam to Lisbon: The CFSP's Claim to Legal Independence; 1.5 The Lisbon Treaty and Coherence in EU External Relations; 1.6 Conclusion: The Integration-Law-Policy Dynamic in EU External Relations ; 2. A Theoretical Framework for Coherence in EU External Relations Law and Policy2.1 Introduction; 2.2 Coherence: A Constitutional Principle of EU External Relations Law; 2.3 Coherence: A Constitutional Principle with Three Levels - Art 21.3 TEU; 2.4 Conclusion; 3. Coherence of EU and Member State External Action: Duty of Loyalty; 3.1 Introduction: Exclusion, Cooperation and Coherence; 3.2 The Common Foundation of Pre-Emption and Cooperation: Art 4.3 TEU; 3.3 Coherence Through Pre-Emption Tested in EU Readmission Policy ; 3.4 Coherence Through the Duty of Cooperation Tested in EU Aviation Policy3.5 Jurisprudence on the Duty of Cooperation: Towards De Facto Pre-Emption?; 3.6 Conclusion: The Loyalty Obligation and EU-Member State Coherence; 4. Coherence Across Divided Union Competences in the TEU and TFEU; 4.1 Introduction: The Principles of Conferral and Coherence; 4.2 Delimiting Union Powers; 4.3 Delimiting the CFSP within the Union; 4.4 Conclusion; 5. Coherence and Soft Law in EU External Relations: ENP as a Paradigm; 5.1 Introduction; 5.2 Soft Law in EU External Relations: A Functional Framework of Study ; 5.3 The Hybrid Legal Nature of the European Neighbourhood Policy5.4 Soft Instruments During the ENP's 'Conceptualization Phase' (2002-2003); 5.5 Soft Instruments During the ENP's 'Execution Phase' (2003-2005); 5.6 The ENP's 'Mature Phase': Towards an Equilibrium Between Soft and Hard Law? (2005-...); 5.7 Legitimacy of Soft Law in EU External Relations: The Equilibrium between Legality and Utility; 5.8 Conclusion; 6. Coherence as Policy Synergy in the ENP; 6.1 Introduction; 6.2 The ENP as a Coherent Human Security Policy; 6.3 Research Design ; 6.4 Coherence in External Projection of Fundamental Values6.5 Coherence in Joint Ownership; 6.6 Coherence between Macro and Meso-Policies: Energy in the ENP; 6.7 Conclusion; 7. Conclusion: The ENP, a Paradigm for Coherence?; 7.1 Introduction; 7.2 Coherence in EU External Relations Law and Policy; 7.3 Policy Recommendations: Coherent and Effective EU External Relations; Annex I: Research Design Chapter 6; Annex II: Correlation Matrix of ENP Action Plans' Policy Sections; Bibliography; Index
• Sommario/riassunto: "During the 1970s, the EU member states made fledgling attempts to coordinate their foreign policies in the form of intergovernmental structures called European Political Cooperation. These initial efforts towards integrating national foreign policies were of limited success, as was evident from the failure to respond effectively to the infamous hostage situation in Tehran, or the lacklustre European response to the USSR invasion of Afghanistan over Christmas 1979. This dynamic has continued in the last decades of the twentieth century and into the twenty-first. The first ever European Security Strategy of 2003 was drawn up after deep European disagreement over the Iraq war. The big bang-enlargement of May 2004 prompted the need for a novel policy that draws together EU and member state action to effectively deal with the EUs new neighbours: the European Neighbourhood Policy (ENP).This book offers a thorough legal and policy examination of the European Neighbourhood Policy (ENP) as latest grand experiment in achieving coherent external relations for the Union. The book draws on legal and political scholarship to attain a definition of coherence in EU external relations. It argues that traditional definitions such as vertical or horizontal coherence are insufficient and sets out a new definition in order to more accurately capture the reality of EU external relations. The book goes on to look in depth at the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, but stems mostly from its hybrid composition of hard legal, soft legal and non-legal policy instruments"--; "The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy"--
• Titolo autorizzato: EU external relations law and the European neighbourhood policy
• ISBN: 1-136-51031-1; 1-283-52028-1; 9786613832733; 0-203-14737-5; 1-136-51032-X
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910790482003321
• Lo trovi qui: Univ. Federico II
• Serie: Routledge research in EU law.