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Book

Cover European Constitutional Law
European Constitutional Law uses a distinctive two-part structure to examine the legal foundations and powers of the European Union. The text takes a critical approach to ensure awareness of the intricacies of European constitutional law. Part I looks at the constitutional foundations including a constitutional history. This part also looks at the governmental structure of the European constitution. Part II moves on to governmental powers. It looks at legislative, external, executive, and judicial powers. It ends with a study of limiting powers and EU fundamental rights.

Chapter

Cover European Union Law

8. External Powers  

Competences and Procedures

This chapter explores the external competences and procedures of the European Union. Sadly, the Union here suffers from a ‘split personality’ because it has a split constitutional regime for foreign affairs. It has a general competence for its ‘Common Foreign and Security Policy’ (CFSP) within the TEU; and it enjoys various specific external powers within the TFEU. The chapter analyses each of these competences and their respective nature. It then looks at the procedural dimension of the external relations of the Union. How will the Union act, and which institutions need to cooperate for it to act? This depends on which of the two constitutional regimes applies. While the CFSP is still characterized by an ‘executive’ dominance, the procedures within the Union's special external powers are closer to the ‘legislative’ branch. Finally, the chapter considers two constitutional safeguards regulating the exercise of shared external competences: mixed agreements and the duty of loyal cooperation.

Chapter

Cover European Constitutional Law

8. External Powers  

Competences and Procedures

This chapter explores the external competences and procedures of the European Union. Sadly, the Union here suffers from a ‘split personality’ because it has a split constitutional regime for foreign affairs. It has a general competence for its ‘Common Foreign and Security Policy’ (CFSP) within the TEU; and it enjoys various specific external powers within the TFEU. The chapter analyses each of these competences and their respective nature. It then looks at the procedural dimension of the external relations of the Union. How will the Union act, and which institutions need to cooperate for it to act? This depends on which of the two constitutional regimes applies. While the CFSP is still characterized by an ‘executive’ dominance, the procedures within the Union’s special external powers are closer to the ‘legislative’ branch. Finally, the chapter considers two constitutional safeguards regulating the exercise of shared external competences: mixed agreements and the duty of loyal cooperation.

Book

Cover European Union Law

Robert Schütze

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.

Chapter

Cover An Introduction to European Law

3. Union Competences  

This chapter explores the scope and nature of the European Union’s competences. Based on the principle of conferral, the EU must act within the scope of competences conferred upon it by the Member States. Three legal developments have significantly undermined the principle of conferral in the past. First, there has been a rise of teleological interpretation. The EU’s competences are here interpreted in such a way that they potentially ‘spill over’ into other policy areas. The second development is the rise of the EU’s general competences. The EU enjoys two very general legislative competences that horizontally cut across the various policy titles within the EU Treaties: Articles 114 and 352 TFEU, which concern internal market competence and residual competence, respectively. The third development is the doctrine of implied external powers. The chapter then finally studies the different categories of EU competences: exclusive, shared, coordinating, and complementary.

Chapter

Cover An Introduction to European Law

3. Union Competences  

This chapter explores the scope and nature of the European Union's legislative competences. Based on the principle of conferral, the EU must act within the scope of competences conferred upon it by the Member States. Three legal developments have significantly undermined the principle of conferral in the past. First, there has been a rise of teleological interpretation. The EU's competences are here interpreted in such a way that they potentially ‘spill over’ into other policy areas. The second development is the rise of the EU's general competences. The EU enjoys two very general legislative competences that horizontally cut across the various policy titles within the EU Treaties: Articles 114 and 352 TFEU, which concern internal market competence and residual competence, respectively. The third development is the doctrine of implied external powers. The chapter then studies the different categories of EU competences: exclusive, shared, coordinating, and complementary.