Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose. Students and scholars will find this original Handbook to be an invaluable resource, particularly due to its focus on topics for future discussion. Researchers and policy-makers will also benefit from the points raised in this book. Contributors include: F. Amtenbrink, M. Avbelj, M. Bobek, S. Blockmans, A.B. Capik, T. Capeta, M. Claes, D. Curtin, A. Cygan, B. de Witte, M. Everson, K. Gutman, M. Hillebrandt, S.L. Kaleda, M. Kuijer, A. Lazowski, J. Mendes, A. Sikora, K. van Duin, E. Vos

After its failure to bring an end to the Balkan wars of the 1990s, the European Union has worked hard to close the infamous 'capabilities-expectations gap' in the field of the European Security and Defence Policy (ESDP). In a very short timeframe, the EU agreed to the following: the institution of new political and military bodies; peculiar structures and procedures to ensure political guidance and strategic direction; principles for consultation and cooperation with non-European allies and other international organisations such as the UN and NATO; measures to enhance the Union's military and civilian capabilities; and the adoption of an acquis securitaire, including a European Security Strategy. The most striking manifestation and raison d'etre of the ESDP is the European Union's capacity to move beyond the paper security structures and back its diplomatic efforts by action on the ground. With the launching of more than twenty ESDP operations in barely five years' time, the EU has affirmed its operational capacity in ESDP. While most of the early ESDP missions were fairly successful, they have also revealed shortfalls, bottlenecks as well as broader issues in crisis management. In this book, prominent academics and leading practitioners explore this wide variety of policy and legal aspects of ESDP and present the lessons which should be taken to heart now that the EU is facing its 'maturity test' as an international crisis manager in high-risk theatres around the world. The book will be an important tool for decision-makers, officials and academics involved in the further development of ESDP. Its contents incorporate the text and potential effects of the Lisbon Treaty and the ECJ's judgment in the Small and Light Weapons/ECOWAS case. Dr Steven Blockmans is a Senior Research Fellow in EU law and Deputy Head of Research at the T.M.C. Asser Instituut, The Hague.

Each enlargement of the European Communities/Union since 1973 has emphasized the strain that the 'widening' puts on the 'deepening' of the European integration process. The recent rounds of EU enlargement have stretched the operational capacity of the European Union to the maximum, triggering a debate on the final shape and borders of the Union and prompting the Member States to review the framework of primary law on the basis of the failed Constitutional Treaty. This book explores legal options to reconcile the desire of EU Member States to deepen their cooperation in certain (new) policy fields with the commitments made towards today's candidate countries to widen the EU, once all membership conditions have been met. Seasoned academics shed light on the absorption capacity of the Union, the current state and future of the enlargement process, alternatives to full membership, new models of governance and cooperation in the EU, as well as the need to further integration in the sphere of the internal market and the fight against trans-border crime. This academic collection is a valuable contribution to the debate that the EU so much needs to reconcile its deepening and widening agendas. Dr. Steven Blockmans is Senior Research Fellow in EU law and Deputy Head of Research at the T.M.C. Asser Instituut, The Hague, The Netherlands. Prof. Dr. Sacha Prechal is Professor of European Law at the Faculty of Law of Utrecht University and one of the directors of its Europa Institute.

With a Foreword by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission Like conflict prevention and crisis management, 'peacebuilding' forms an integral part of the European Union's external policy efforts to break the cycle of conflict, insecurity and poverty. A concept developed in the context of the United Nations, the EU's Lisbon Treaty mentions 'post-conflict stabilisation' among the tasks which the EU is set to perform in the implementation of the Common Security and Defence Policy. The Union's advance in this field has been universally welcomed by peacebuilding actors, especially since the EU's ongoing contributions in financial, technical and logistical terms in post-conflict areas have been couched in an increasing number of European Security and Defence Policy missions. The proliferation of the EU's institutional and operational mechanisms to build peace in post-conflict environments has led to a whole series of new policy and legal questions, which are addressed by leading practitioners and academics in this unique compilation. Specific to this book: * Contributions take into account the final text of the Lisbon Treaty and the lessons learned from more than twenty military and civilian operations * Addresses policy and legal potential and limits, and outlines the parameters for future decision-making and capacity-building * Combines thematic contributions with concrete case studies, and offers insights into how the EU's peacebuilding tools are implemented in practice

At a critical time for the identity and policy direction of the EU, this Handbook examines the dynamics behind the development of the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP). The Handbook includes chapters from renowned scholars that examine the efficacy and visibility of the EU as a diplomatic, military and civilian actor in a turbulent world. The authors? original contributions address the impact that existing frameworks, structures and procedures have on the effectiveness of the EU as an international actor and consider the legal challenges to the EU's integrated approach to external action. The Research Handbook on the EU?s Common Foreign and Security Policy brings together scholars from different areas of law (EU and international law) and from the political science field. The interdisciplinary approach makes it essential reading for scholars of law, political science and international relations. Policymakers and all those with an interest in the workings of the EU?s legal services will also find this an insightful resource. Contributors include: S. Blockmans, M. Broberg, M.E. Canamares, M. Cremona, A. de Ruijter, E. Denza, H. Dijkstra, S. Duke, C. Eckes, D. Fiott, J. Heliskoski, C. Hillion, A.E. Juncos, U. Khaliq, J. Klabbers, T. Konstadinides, P. Koutrakos, D. Mantzari, S. Marquardt, J. Odermatt, A. Ott, A. Skordas, G. Van Der Loo, P. Van Elsuwege, R.A. Wessel

The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.

Representative democracy remains the best available form of government - and the one preferred by most EU citizens, but satisfaction with how it plays out varies greatly across the continent. Among the perceived weaknesses are high levels of political corruption, low resilience to disinformation, and out-of-touch governing elites. Yet there is some hope that direct channels for citizens to express their concerns and preferences, fact-based deliberation in representative bodies and robust mechanisms to hold governments to account can help save European democracy from the onslaught of populism. This volume draws together proposals into a framework reflecting the four cumulative criteria used by modern political theorists to assess the health of a democracy: inclusion, choice, deliberation and impact. Its expert contributors offer pragmatic ideas to strengthen representative democracy at both the national and EU level. This is the third and final book produced in the framework of the Towards a Citizens' Union project co-funded by the EU's Erasmus+ Programme. It is the product of collaboration with 20 renowned think tanks from the European Policy Institutes Network (EPIN).

Representative democracy remains the best available form of government - and the one preferred by most EU citizens, but satisfaction with how it plays out varies greatly across the continent. Among the perceived weaknesses are high levels of political corruption, low resilience to disinformation, and out-of-touch governing elites. Yet there is some hope that direct channels for citizens to express their concerns and preferences, fact-based deliberation in representative bodies and robust mechanisms to hold governments to account can help save European democracy from the onslaught of populism. This volume draws together proposals into a framework reflecting the four cumulative criteria used by modern political theorists to assess the health of a democracy: inclusion, choice, deliberation and impact. Its expert contributors offer pragmatic ideas to strengthen representative democracy at both the national and EU level. This is the third and final book produced in the framework of the Towards a Citizens' Union project co-funded by the EU's Erasmus+ Programme. It is the product of collaboration with 20 renowned think tanks from the European Policy Institutes Network (EPIN).

With a foreword by Atzo Nicolai, Minister for European Affairs of the Kingdom of the Netherlands On 29 October 2004, the Treaty Establishing a Constitution for Europe was signed by the leaders of the 25 Member States of the European Union. This event marked the end of the discussion rounds to amend the treaties on which the European Union is founded. Yet, the debate on the Constitution was far from over when on 29 May and 1 June 2005 the French and the Dutch voters rejected the Treaty. Politicians and lawyers are now confronted with the question of how to proceed and how to go forward. In October 2004, the T.M.C. Asser Institute in The Hague, The Netherlands, organized the 34th Session of its Asser Institute Colloquium on European Law, which was entitled 'The EU Constitution: The best way forward?'. During the Conference some 50 experts from the 25 Member States, from candidate, potential candidate and neighbouring countries, as well as from the US and Russia focused on key topics like: the process and impact of EU constitution-making, the democratic life of the EU, improving the efficiency and quality of legislation in the EU, the expansion of executive, judicial and legislative powers, and the access to justice. In anticipation of the developments after the signing of the Treaty, three eminent speakers - Prof. Joseph Weiler (New York University), Professor Bruno de Witte (European Institute in Florence) and Professor Jo Shaw (University of Manchester), elaborated on many answers in case of a ratification crisis. This book contains the proceedings of the three-day Conference and includes, next to the papers of the speakers and commentators, reports of the discussions on each topic and the texts of two keynote speeches. A keyword Index and a List of Articles (of the Treaty Establishing a Constitution for Europe, the Treaty on European Union and the Treaty Establishing the European Community) greatly enhance the accessibility of the rich materials. The book will be of great help and interest to political leaders, members of parliament, international lawyers and European citizens in formulating answers to the questions that have risen after the rejection of the Treaty by the French and Dutch voters and give powerful impulses to the continuing debate and efforts to arrive at a generally accepted Constitution for Europe. Deirdre Curtin is Professor of European and International Governance at Utrecht School of Governance, Utrecht, The Netherlands. Alfred E. Kellermann is Senior Legal and Policy Advisor and Visiting Professor in the law of the EU at the T.M.C. Asser Institute and Steven Blockmans is a Senior Researcher in the law of the EU at the T.M.C. Asser Institute, The Hague, The Netherlands.

Following the agreement made by Prime Minister David Cameron with the EU on 18-19 February 2016, the day for the referendum for the UK to remain in or leave the EU is set for 23 June 2016. This will be the most important decision taken by the British people in half a century, and whose consequences will live on for another half century. The first edition of this book, published in March 2015, laid the foundations for any objective assessment of the workings of the EU and the UK's place in it. It was widely acclaimed and rated as "a myth-breaking exercise of the best kind". This second edition adds a substantial new chapter following Cameron's agreement with the EU and announcement of the referendum. It reviews both the 'Plan A', namely the status quo for the UK in the EU as amended by the new agreement, and three variants of a 'Plan B' for secession. The key point is that the 'leave' camp have not done their homework or 'due diligence' to specify the post-secession scenario, or how the British government would face up to the challenges that this would bring. The authors therefore do the 'leave' camp's homework for them, setting out three Plan Bs more concretely and in more depth than the 'leave' camp have been able or wanted to do, or any other source has done. The book is therefore unique and essential reading for anyone concerned with the fateful choice that lies soon ahead.

For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.

The European Union has a democracy problem. The polycrisis that has plagued the EU for years has led to a cacophony of voices calling for fundamental change to the integration project. Yet despite the shock of the Brexit referendum and the electoral upsets caused by nativist parties across the continent, few of the plans for EU reform include concrete proposals to address the perennial democratic deficit. This volume looks at how the relationship between citizens, the state and EU institutions has changed in a multi-layered Union. As such, it focuses more on polity than on populism, and does not engage deeply with policy or output legitimacy. Building on the notion of increasing social, economic and political interdependence across borders, this book asks whether a sense of solidarity and European identity can be rescued from the bottom up by empowering citizens to 'take back control' of their Union. Direct Democracy in the EU: The Myth of a Citizens' Union is part of the 'Towards a Citizens' Union' project and is the product of collaboration with 20 renowned think tanks from the European Policy Institutes Network (EPIN). It is the first of three publications that will also cover the state of representative democracy in the EU and the accountability of democratic institutions.

The European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.

The European Union is grappling with a democracy problem. The succession of crises which have plagued the increasingly executive EU for years, has led to a rising cacophony of voices calling for fundamental change to the integration project. Yet despite the seismic shock of the Brexit referendum and the electoral upsets by nativist parties across the continent, few of the plans for EU reform include concrete proposals to reduce the age-old democratic deficit. This book is concerned with the two-pronged question of how the relationship between citizens, the state and EU institutions has changed, and how direct democratic participation can be improved in a multi-layered Union. As such, this edited volume focuses not on populism per se, nor does it deeply engage with policy and output legitimacy. Rather, the research is concerned with process and polity. Building on the notion of increasing social, economic and political interdependence across borders, this volume asks how a sense of solidarity and European identity can be rescued from the bottom up by politically empowering citizens to 'take back control' of their EU.

The European Union has a democracy problem. The polycrisis that has plagued the EU for years has led to a cacophony of voices calling for fundamental change to the integration project. Yet despite the shock of the Brexit referendum and the electoral upsets caused by nativist parties across the continent, few of the plans for EU reform include concrete proposals to address the perennial democratic deficit. This volume looks at how the relationship between citizens, the state and EU institutions has changed in a multi-layered Union. As such, it focuses more on polity than on populism, and does not engage deeply with policy or output legitimacy. Building on the notion of increasing social, economic and political interdependence across borders, this book asks whether a sense of solidarity and European identity can be rescued from the bottom up by empowering citizens to 'take back control' of their Union. Direct Democracy in the EU: The Myth of a Citizens' Union is part of the 'Towards a Citizens' Union' project and is the product of collaboration with 20 renowned think tanks from the European Policy Institutes Network (EPIN). It is the first of three publications that will also cover the state of representative democracy in the EU and the accountability of democratic institutions.