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The European Court of Justice and External Relations Law - Constitutional Challenges (Paperback)
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The European Court of Justice and External Relations Law - Constitutional Challenges (Paperback)
Series: Modern Studies in European Law
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This edited collection appraises the role, self-perception,
reasoning and impact of the European Court of Justice on the
development of European Union (EU) external relations law. Against
the background of the recent recasting of the EU Treaties by the
Treaty of Lisbon and at a time when questions arise over the
character of the Court's judicial reasoning and the effect of
international legal obligations in its case law, it discusses the
contribution of the Court to the formation of the EU as an
international actor and the development of EU external relations
law, and the constitutional challenges the Court faces in this
context. To what extent does the position of the Court contribute
to a specific conception of the EU? How does the EU's
constitutional order, as interpreted by the Court, shape its
external relations? The Court still has only limited jurisdiction
over the EU's Common Foreign and Security Policy: why has this
decision been taken, and what are its implications? And what is the
Court's own view of the relationship between court(s) and foreign
policy, and of its own relationship with other international
courts? The contributions to this volume show that the Court's
influence over EU external relations derives first from its ability
to shape and define the external competence of the EU and resulting
constraints on the Member States, and second from its insistence on
the autonomy of the EU legal order and its role as 'gatekeeper' to
the entry and effect of international law into the EU system. It
has not - in the external domain - overtly exerted influence
through shaping substantive policy, as it has, for example, in
relation to the internal market. Nevertheless the rather
'legalised' nature of EU external relations and the significance of
the EU's international legal commitments mean that the role of the
Court of Justice is more central than that of a national court with
respect to the foreign policy of a nation state. And of course its
decisions can nonetheless be highly political.
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