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.

1. An Overview

2017 ◽  
Author(s):  
Helen Wallace ◽  
Mark A. Pollack ◽  
Alasdair R. Young
Keyword(s):  
Policy Making ◽  
Security Policy ◽  
The European Union ◽  
Public Authorities ◽  
Sixth Edition ◽  
Eu Policy ◽  
Foreign And Security Policy ◽  
The Common ◽  
Analytical Approaches ◽  
The Eu

This text examines the processes that produce policies in the European Union — that is, the decisions (or non-decisions) by EU public authorities facing choices between alternative courses of public action. It considers the broad contours of the EU policy-making process and relevant analytical approaches for understanding that process. It includes case studies dealing with the main policy domains in which the EU dimension is significant, including competition policy, the common agricultural policy (CAP), the economic and monetary union (EMU), enlargement, common foreign and security policy (CFSP), justice and home affairs (JHA), and energy and social policy. This chapter discusses the significant developments that have impacted EU policy-making since the sixth edition, summarizes the text’s collective approach to understanding policy-making in the EU, and provides an overview of the chapters that follow.

Parlamentarische Kontrolle durch Vernetzung? Eine kritische Analyse der Rolle der Interparlamentarischen Konferenz für die GASP/GSVP

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 118-133
Author(s):  
Daniel Schade
Keyword(s):  
Policy Making ◽  
Security Policy ◽  
Value Added ◽  
The European Union ◽  
National Parliaments ◽  
Defence Policy ◽  
Foreign And Security Policy ◽  
The Common ◽  
Set Up ◽  
The Eu

The Interparliamentary Conference for the Common Foreign and Security Policy and the Common Security and Defence Policy (IPC) is a new parliamentary body set up after the Treaty of Lisbon which allows to create interlinkages between parliaments in the European Union (EU). It is part of an ongoing process which aims to challenge the executive dominance in EU policy-making in general and in the EU’s foreign and security policy in particular. Considering its sessions and the experiences of members of parliaments partaking in the Interparliamentary Conference to date, this article analyses its value-added to this overarching goal. The experiences so far suggest that the IPC faces significant practical challenges in contributing to the parliamentary scrutiny of the policy areas concerned despite the fact that the format of interparliamentary gatherings is a significant innovation in its own right. These challenges arise primarily out of a conflict between the European Parliament and national parliaments in the EU, the diversity of national parliamentarism, as well as the differing moti⁠v­a⁠tions and skills of the participating members of parliaments.

The Jurisdiction of the European Court of Justice in Respect of the Common Foreign and Security Policy

2006 ◽  
Vol 55 (1) ◽  
pp. 77-120 ◽  
Author(s):  
Maria-Gisella Garbagnati Ketvel
Keyword(s):  
Security Policy ◽  
European Court Of Justice ◽  
Judicial Control ◽  
Court Of Justice ◽  
Legal Remedy ◽  
European Court ◽  
Foreign And Security Policy ◽  
The Common ◽  
Limited Scope ◽  
The Eu

The purpose of this article is to consider the scope of the jurisdiction of the European Court of Justice in the field of the Common Foreign and Security Policy, as set out in the Treaty on European Union. Pursuant to Article 46 TEU, the ECJ has virtually no competence over foreign policy and security matters—although some limited scope for judicial supervision may be derived from the combined effect of this provision with Article 47 TEU, which prevents encroachment by EU law on Community competence, with respect both to reviewing the choice of legal basis and to determining any violations of EC policy-making procedures. It is submitted that the absence of judicial control over the exercise of powers by the Union and its Member States in this area of potentially sensitive action does not guarantee the preservation of the institutional balance established by the EU Treaty. It may also prove incompatible for individuals to have a legal remedy in the event of a breach of directly effective CFSP provisions.

scholarly journals READINESS OF EUROPEAN COUNTRIES FOR THE RETURN OF FOREIGN FIGHTERS OF THE ISLAMIC STATE

2020 ◽  
pp. 87-106
Author(s):  
DENIS ČALETA ◽  
SARA PERKOVIĆ
Keyword(s):  
Security Policy ◽  
Islamic State ◽  
European Security ◽  
Potential Threat ◽  
Eu Legislation ◽  
Knowing That ◽  
Foreign And Security Policy ◽  
The Common ◽  
Foreign Fighters ◽  
The Eu

Povzetek V analizi smo želeli prikazati, ali so tuji borci resnično nevarni za evropsko varnost, saj vemo, da je morebitna grožnja vedno mogoča. Do zdaj je bilo zelo težko oceniti grožnjo vrnitve tujih borcev. V raziskavo smo vključili dve državi, v katerih so napade izvedli tuji borci, ki so se vrnili v državo. Vključeni državi sta bili Belgija in Francija. V raziskavi smo primerjali politiko posameznih držav s skupno zunanjo in varnostno politiko EU. Ugotavljali smo, kako se te države spoprijemajo z vrnitvijo tujih borcev in kateri ukrepi so bili glede tega sprejeti. Poleg tega smo poskušali oceniti, ali so bolj osredotočeni na pregon tujih borcev, ki se vračajo, ali je njihov poudarek na programih deradikalizacije in reintegracije. Ključne besede Tuji borci, terorizem, Islamska država, EU, zakonodaja. Abstract This analysis will consider whether foreign fighters pose a real danger to European security, knowing that the potential threat is always possible. Up to now, assessing the threat of returning foreign fighters has been very difficult. In this article we have attempted to analyze the attacks that have been carried out by returning foreign fighters in Belgium and France. Our research compared the politics of individual countries with the common foreign and security policy of the EU. We have investigated how these countries are dealing with the return of foreign fighters and what measures have been taken in this regard. In addition, we have tried to evaluate whether they are more focused on the prosecution of returning foreign fighters or whether their focus is connected with deradicalization and reintegration programmes. Key words Foreign fighters, terrorism, Islamic state, EU, legislation.

scholarly journals Intergovernmental Cooperation and the Idea of Community in the Institutional and Decision-making Sphere of the EU Common Foreign and Security Policy

2015 ◽  
Vol 23 (4) ◽  
pp. 540-552
Author(s):  
Michal Piechowicz
Keyword(s):  
Decision Making ◽  
Security Policy ◽  
Institutional Structure ◽  
Evolutionary Development ◽  
Treaty Of Lisbon ◽  
Intergovernmental Cooperation ◽  
Foreign And Security Policy ◽  
Decision Making Processes ◽  
The Common ◽  
The Eu

The Treaty of Lisbon (TL) altered the Common Foreign and Security Policy (CFSP) not only in its institutional structure, but also in its function and decision making processes. These changes affected the competences of member states, other authorities, and their relationships. They also influenced the prospects for intergovernmental cooperation and the evolutionary development of communitisation phenomena within this policy.

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.

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