scholarly journals Where is the EU (going): three perspectives and three Integration issues

2017 ◽  
Vol 3 (1) ◽  
pp. 78-89
Author(s):  
Maria José Rangel de Mesquita
Keyword(s):  
Security Policy ◽  
Legal Framework ◽  
Global Strategy ◽  
Legal Order ◽  
Special Procedure ◽  
Foreign And Security Policy ◽  
Integration Project ◽  
The Relationship ◽  
Fundamental Values ◽  
The Eu

The present text, assuming that the option of carrying on the European integration project, as well the option of Portugal to take part in it, are still fully valid, addresses the question “where are going (now)”on the basis of three actual and relevant issues regarding the survival of the EU which concern both the relationship between the EU and International Relations and the relationship between EU legal order and national legal orders, in particular the Portuguese legal order: the new Global Strategy for the EU’s Foreign and Security Policy, the new legal framework to protect EU’s fundamental values, especially the rule of law, and its recent application to a member State, as well as the functioning of the special procedure on excessive budgetary deficit which led to the application of “zero”sanctions to Portugal – enouncing some questions related to such topics as well as with the interrogation on the trend towards a “centralization” at the EU level that such topics may illustrate.

Judicial review of Common Foreign and Security Policy by the ECtHR and the (re)negotiation on the accession of the EU to the ECHR

2021 ◽  
pp. 1023263X2198824
Author(s):  
Maria José Rangel de Mesquita
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
Regional Level ◽  
Judicial Control ◽  
National Courts ◽  
Foreign And Security Policy ◽  
Conclusion Section ◽  
The Relationship ◽  
The Eu

The article addresses the issue of judicial control of the implementation of Common Foreign and Security Policy at international regional level within the framework of the relaunching of the negotiation in view of the accession of the EU to the ECHR. Considering the extent of jurisdiction of the CJEU in respect of Common Foreign and Security Policy field in the light of its case law (sections 1 and 2), it analyses the question of judicial review of Common Foreign and Security Policy within international regional justice by the ECtHR in the light of the ongoing negotiations (section 3), in the perspective of the relationship between non-national courts (section 3.A), having as background the (2013) Draft Agreement of accession (section 3.B.1). After addressing the relaunching of the negotiation procedure (section 3.B.2) and the issue of CFSP control by the ECtHR according to the recent (re)negotiation meetings (section 3.B.3), some concrete proposals, including for the redrafting of the accession agreement, will be put forward (section 3.B.4), as well as a conclusion (section 4).

Judicial review of Common Foreign and Security Policy by the ECtHR and the (re)negotiation on the accession of the EU to the ECHR

2021 ◽  
Vol 28 (3) ◽  
pp. 356-370
Author(s):  
Maria José Rangel de Mesquita
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
Regional Level ◽  
Judicial Control ◽  
National Courts ◽  
Foreign And Security Policy ◽  
Conclusion Section ◽  
The Relationship ◽  
The Eu

The article addresses the issue of judicial control of the implementation of Common Foreign and Security Policy at international regional level within the framework of the relaunching of the negotiation in view of the accession of the EU to the ECHR. Considering the extent of jurisdiction of the CJEU in respect of Common Foreign and Security Policy field in the light of its case law (sections 1 and 2), it analyses the question of judicial review of Common Foreign and Security Policy within international regional justice by the ECtHR in the light of the ongoing negotiations (section 3), in the perspective of the relationship between non-national courts (section 3.A), having as background the (2013) Draft Agreement of accession (section 3.B.1). After addressing the relaunching of the negotiation procedure (section 3.B.2) and the issue of CFSP control by the ECtHR according to the recent (re)negotiation meetings (section 3.B.3), some concrete proposals, including for the redrafting of the accession agreement, will be put forward (section 3.B.4), as well as a conclusion (section 4).

The Institutional Structure

2018 ◽  
Author(s):  
Thomas Ramopoulos
Keyword(s):  
Security Policy ◽  
Legal Order ◽  
Constitutional History ◽  
External Relations ◽  
Defence Policy ◽  
Foreign And Security Policy ◽  
History Of ◽  
The Common ◽  
Institutional Architecture ◽  
The Eu

The external relations of the Union span a broad spectrum, from external competences in ‘Community’ areas to external aspects of internal ‘Community’ competences and the Common Foreign and Security Policy (CFSP), which includes the Common Security and Defence Policy (CSDP). There is an overarching institutional architecture governing the external relations of the Union, but at the same time, depending on whether the competence at issue falls within the CFSP or the non-CFSP policies, different institutions assume different roles. It is for this reason that, although Part III of this volume has already examined the institutional framework of the EU legal order as a whole, it is analytically necessary to revisit the institutional architecture of EU external relations in particular, before delving in the following chapters of this Part into specific issues relevant to the actions of the Union and its Member States abroad. The remainder of this introduction serves as a short overview of developments in the constitutional history of the Union that determined the current legal and political outlook of the EU external relations institutional architecture.

Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice

2020 ◽  
Vol 16 (1) ◽  
pp. 8-32
Author(s):  
Peter Van Elsuwege ◽  
Femke Gremmelprez
Keyword(s):  
Rule Of Law ◽  
Security Policy ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
Foreign And Security Policy ◽  
Scope Of Application ◽  
The Eu

The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law

scholarly journals Contemporary security strategies : The EU Global Strategy for Foreign and Security Policy

Vojno delo ◽  
2017 ◽  
Vol 69 (8) ◽  
pp. 72-85
Author(s):  
Miroslav Talijan ◽  
Dragan Jevtić ◽  
Miroslav Terzić ◽  
Mišo Planojević
Keyword(s):  
Security Policy ◽  
Global Strategy ◽  
Foreign And Security Policy ◽  
The Eu

scholarly journals Globalna strategia Unii Europejskiej: refleksja konstruktywistyczna

Politeja ◽  
2019 ◽  
Vol 15 (55) ◽  
pp. 129-151
Author(s):  
Filip Tereszkiewicz
Keyword(s):  
European Union ◽  
Security Policy ◽  
External Action ◽  
Global Strategy ◽  
Constructivist Approach ◽  
Security Strategy ◽  
Foreign And Security Policy ◽  
Under Construction ◽  
The Eu

European Union Global Strategy: a Constructivist ReflectionThis paper examines the potential of a constructivist approach in analysing the European Union’s security strategy area. It focuses on the new EU Global Strategy (EUGS), which was adopted by the Council at the end of June 2016. First, the methodology is explained, followed by discussing the consequence of using the document’s language for EU identity. The paper then focuses on the new title of the strategy that shows a new approach to security strategies within the European External Action Service’s staff. The consequences of building a narrative about the “threatened” but also “needed” and “influential” European Union are underlined here. Furthermore, the new role of the EU in the international scene is described, focusing on the shift from the EU as a civilian power to the EU as a normal power, with an emphasis on the importance of the preservation of the EU as a normative power. The conclusions from using a constructivist approach to examine the EUGS are then presented, which show that mechanisms of the logics of appropriateness, consequence, and persuasion are observed within the document. Moreover, the language of the EUGS could have an influence on EU identity and role on the global stage. The constructivist approach proves that the EU external actions are continuously under construction, and the EUGS is the next step in achieving a more coherent and effective European foreign and security policy.

The Intergovernmental Constitution of the EU's Foreign, Security & Defence Executive

2011 ◽  
Vol 7 (3) ◽  
pp. 453-480 ◽  
Author(s):  
Daniel Thym
Keyword(s):  
Security Policy ◽  
External Action ◽  
Foreign Affairs ◽  
Executive Order ◽  
Policy Changes ◽  
Defence Policy ◽  
Foreign And Security Policy ◽  
Pillar Structure ◽  
The Eu

European Union – Common Foreign and Security Policy – Changes with the abolition of the pillar structure by the Lisbon Treaty – Common Security and Defence Policy – Executive order of the EU – Between supranationalism and intergovernmentalism – The role of the High Representative – Joint political leadership – The European External Action Service as an administrative infrastructure – Constitutionalisation of foreign affairs

Europeanisation and Foreign and Security Policy – Undermining or Rescuing the Nation State?

Politics ◽  
2005 ◽  
Vol 25 (3) ◽  
pp. 175-190 ◽  
Author(s):  
Claudia Major
Keyword(s):  
Security Policy ◽  
Political System ◽  
National Level ◽  
Nation States ◽  
Constitutive Process ◽  
Foreign And Security Policy ◽  
Policy Fields ◽  
Intergovernmental Policy ◽  
The Eu

The article aims to explore the utility of Europeanisation as a concept to grasp the interactions between national and European levels. The article illustrates how the EU impacts on the national level of policy, polity and the politics of Member States and assesses how the role of nation states within the European political system has changed as a result. First, the existing definitions of Europeanisation are critically assessed, contextualised and delimited. Initially developed for communitised policy areas in the first pillar, Europeanisation is defined as an interactive, ongoing and mutually constitutive process of ‘Europeanising’ and ‘Europeanised’ countries, linking national and European levels. Defining Europeanisation as ‘domestic change’, the article then discusses mechanisms, objects and forms, as well as the criteria and conditions of change. The article subsequently seeks to clarify the validity of the Europeanisation concept in capturing the increasing interwovenness of national and European spheres in intergovernmental policy fields situated in the second pillar of the EU, that is, foreign and security policy. Inherent methodological challenges, mainly due to the deficient delimitation of Europeanisation and the intergovernmental character of this policy field are discussed as well as the particularities of its applicability in this unique policy area.

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