Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions afterPupino

2007 ◽  
Vol 8 (5) ◽  
pp. 501-531 ◽  
Author(s):  
Carl Lebeck
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Judicial Cooperation ◽  
Community Institutions ◽  
European Court ◽  
Foreign And Security Policy ◽  
The Common ◽  
Criminal Matters

The constitutional structure of the EU comprises two different components, one supranational (the European Community - EC) and one intergovernmental (the European Union). The EC is referred to as the first pillar, while the European Union in turn consists of two parts referred to as the second and third pillars respectively: the Common Foreign and Security Policy is the second, and the Police & Judicial Cooperation in Criminal Matters (the so called “area of Freedom, Security and Justice” - PJCC). The role of the common European institutions was from the outset more limited not just when it - which is logical - comes to legislation, but also when it comes to consultation and preparation of legislation. However, the ECJ retained jurisdiction to interpret the meaning of so called framework decisions in order to create a basis for uniform implementation in national law of such decisions. This was particularly true in relation to the Police and Judicial Cooperation in Criminal Matters. Whereas the European Court of Justice (ECJ) was granted jurisdiction in PJCC, the other community institutions, notably the European Commission, were given roles to supervise the implementation of framework decisions - but their role in enforcing uniformity was limited compared to the role of the community institutions in EC-law.

scholarly journals Stabilization and association treaties in the law of the European Union

2004 ◽  
Vol 76 (9) ◽  
pp. 3-10
Author(s):  
Vladimir Medović
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
International Treaties ◽  
Judicial Cooperation ◽  
Member States ◽  
Community Law ◽  
Community Institutions ◽  
The Status ◽  
Foreign And Security Policy

The European Communities did not cease to exist after the foundation of the European Union by the Treaty of Mastricht in 1992. In fact, they act as pillars on which the European Union stands, together with the Police and Judicial Cooperation in Criminal Matters and Common Foreign and Security Policy. The European Union does not have the status of a legal entity or a capacity to enter into treaties with third countries or international organization. In both foreign and domestic proceedings it relies upon the institutions and instruments of the European Communities. The European Communities are autonomous in relation to the European Union and act in accordance with the rules contained in the foundation Treaties, which, however, make a constituent part of the Treaty on European Union. The foundation Treaties of the European Communities provide for a possibility for the Communities to enter into international treaties with third countries or international organizations. Stabilization and Association Treaties belong to the category of Association Treaties defined in Article 310 of the Treaty on European Union. Considering that these treaties regulate certain fields which belong to competence of the member states, the member states are usually parties to these treaties along with the European Communities. International treaties entered into between the European Communities and third countries are binding upon the Community institutions and upon member states. International treaties entered in this way are considered a part of Community law. Member states are bound to recognize such effects to these treaties as are provided in the Community law itself.

scholarly journals Development of armed forces in the European Union

2003 ◽  
Vol 55 (3-4) ◽  
pp. 339-353 ◽  
Author(s):  
Dejan Gajic
Keyword(s):  
European Union ◽  
Security Policy ◽  
Armed Forces ◽  
European Countries ◽  
The European Union ◽  
Foreign And Security Policy ◽  
The Common ◽  
The Military ◽  
The Eu

After the end of World War II leaders of the West European countries had realised the necessity to create new security frameworks, thus making the security of the continent the concern of the Europeans themselves. However, immediately after it had been formed the North Atlantic Alliance, as a trans-Atlantic defence shield against the danger from the "communist East", became the central security component in Europe. Just after the end of the Cold War and disappearance of the "danger from the East" the European leaders initiated the process of creation of the new European defence system. The system would be designed in such a way not to jeopardise the position of the NATO, improving at the same time the security and stability in the continent. In the first part of the article the author considers the course of European integration in the second half of the last century that proceeded through creation of institutions preceding the establishment of the European Union. During the period of creation of this specific form of action performed by the European states at the internal and international levels, the deficiency of integration in the military field was notable. In that regard, the author stresses the role of the Western European Union as an alliance for collective defence of West European countries. The second part of the paper discusses the shaping of the EU security component through the provisions on the Common Foreign and Security Policy, which are included in the EU agreements. The Maastricht Treaty defined the Common Foreign and Security Policy as an instrument to reach agreement by member states in the defence field. The Amsterdam Treaty confirmed the role of this mechanism expanding the authorities resulting from it. The Treaty of Nice supplements the existing mechanism by a new military and political structure that should help implement the decisions made by the European Union institutions in the military field. In the third part of the article, the author presents the facts concerning the establishment and internal organisation of the Eurocorps. The creation of this military formation took place in early 1990s and was initiated by the two states of "the old Europe" - Germany and France. The authors also emphasises that the establishment of this formation is the first step towards creation of the armed forces in Europe. The fourth part of the paper treats the Rapid Reaction Force that was established by the Helsinki Agreement (1999). It became operative in early 2003 and its basic aim is to prevent the outbreak of crises in the region and to improve stability in Europe. In spite of the opinions that the establishment of such a force is the skeleton for creation of the European armed forces, the author thinks that, at least in the near future, they will not be a rival to the NATO. In his opinion, their possible military missions will be carried out only when the alliance takes no interest in being engaged in them.

scholarly journals European Union in the new international surroundings

2008 ◽  
Vol 60 (2-3) ◽  
pp. 199-225 ◽  
Author(s):  
Dusko Lopandic
Keyword(s):  
European Union ◽  
International Relations ◽  
Security Policy ◽  
The European Union ◽  
European Security ◽  
Foreign And Security Policy ◽  
The Common ◽  
International Identity ◽  
The Eu

The author analyses the development of EU in the new international surroundings during the last decade, also exploring the development of the European Security and Defense Policy (ESDP). The first part treats the changes in international relations, the role of USA and the NATO evolution. With the changes in international relations that are characterized by the relative weakening of USA, the rise of the powers such as China and Russia as well as the process of globalization within the multipolar frameworks, the European Union and its members states are facing the problem of adjusting to the new conditions. The second part of the article overviews the EU development, its geostrategic priorities as well as the development of ESDP. In the last dozen of years, the Common Foreign and Security Policy and the ESDP development have gone through a dynamic evolution. The attempts of the EU countries to emancipate from USA and become a serious factor in international relations imply that it should strengthen its international identity, and the political and military components, in particular.

scholarly journals Of Presidents, High Representatives and European Commissioners – the external representation of the European Union seven years after Lisbon *

2017 ◽  
Author(s):  
Hoffmeister Frank
Keyword(s):  
European Union ◽  
Security Policy ◽  
Case Law ◽  
External Representation ◽  
Layered System ◽  
The European Union ◽  
Environmental Negotiations ◽  
European Court ◽  
Foreign And Security Policy

The article reviews the external representation of the European Union. Hoffmeister first analyses the rules established by the Lisbon Treaty (2007). He emphasizes the division between the Common Foreign and Security Policy (CFSP) and non-CFSP and the importance of the diplomatic level. Moreover, he interprets recent case law in which the European Court of Justice has given guidance to the Council and the Commission about their respective roles in policy-making and representation. The author then provides extensive case studies on Iran, Ukraine, trade negotiations and environmental negotiations to track down relevant practice of the last seven years. He concludes that Europe continues to operate a multi-layered system of external representation, where supra-national elements with a strong role of the Commission in important areas are combined with inter-governmental traits of a principal–agent relationship between the Council and its President or the High Representative.

Small steps towards a comprehensive approach after Lisbon

2018 ◽  
Vol 9 (1) ◽  
pp. 109-137
Author(s):  
Elodie Sellier
Keyword(s):  
Security Policy ◽  
Implementation Process ◽  
External Action ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
Foreign And Security Policy ◽  
The Common ◽  
Criminal Matters ◽  
Institutional Architecture ◽  
Judicial Remedies

This article examines the changes brought about by the Lisbon Treaty (LT) in the overall institutional architecture of the European Union’s Common Foreign and Security Policy (CFSP), alongside their impact on the operation of the internal–external nexus in counterterrorism (CT) policies. It argues that the inclusion of CFSP actors in the making and implementation process of CT policies eased the legal, institutional and policy boundaries between the CFSP and the field of Justice and Home Affairs (JHA). This is despite the specific status granted to the CFSP in the Treaties, the former remaining subject to intergovernmental procedures and unanimity in decision-making, even after the strides towards the ‘communautarization’ of policies achieved by the LT, in Police and Judicial Cooperation in Criminal Matters in particular. Central to the analysis is the interplay and division of competences between ‘new’ CFSP actors endowed with a coherence mandate, such as the European External Action Service and the upgraded office of High Representative, and ‘old’, pre-Lisbon, CT actors, JHA structures and member states in particular. This article finds that the involvement of the CFSP and more particularly its defence component, that is, the Common Defence and Security Policy, to realize CT objectives ‘affected’ the very content of foreign and security policies and heralded a process of ‘judiciarization’ of CSDP missions deployed in third countries resulting from the integration of criminal justice and law components in their mandate. The article concludes that the ensuing blurring of frontiers between the realms of CSDP and JHA raises fundamental rights concerns as to the judicial remedies available to individuals suspected or accused of terrorist activities.

Article 275 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
European Union ◽  
Security Policy ◽  
The European Union ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
The Common

The Court of Justice of the European Union shall not have jurisdiction with respect to the provisions relating to the common foreign and security policy nor with respect to acts adopted on the basis of those provisions.

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