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Litigation on External Relations Powers after Lisbon: The Member States Reject Their Own Treaty

Litigation on External Relations Powers after Lisbon: The Member States Reject Their Own Treaty 1 INTRODUCTION One of the objectives of the Constitution for Europe was to forge a clearer and more coherent international relations law so that the EU would be capable of projecting a forceful, single identity on the international scene. This objective survived the Lisbon adjustment of the Convention nearly unscathed.The resulting treaty reform consisted of a greater integration between CFSP and `Community external relations', expressed in the creation of the EEAS with the HR as its head and in a more integrated treaty-making procedure. Moreover, there was a strong democratization, expressed in more powers for the European Parliament, especially in respect of treaty-making. Finally, there was an increase in commercial policy powers of the Union and a codification of the exclusive external relations powers in the domain of external relations. Some of the improvements, however, were awkwardly drafted or contained broad terms that would need further clarification. This was the case in particular for Article 3(2) of the TFEU on implied exclusive external relations powers, which attempted to summarize the so-called ERTA case law of the Court of Justice, and a term like foreign direct investment in Article 207 TFEU on the common commercial policy, which remained undefined. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Legal Issues of Economic Integration Kluwer Law International

Litigation on External Relations Powers after Lisbon: The Member States Reject Their Own Treaty

Legal Issues of Economic Integration , Volume 43 (1) – Jan 1, 2016
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Kluwer Law International
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Copyright © Kluwer Law International
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0377-0915
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Abstract

1 INTRODUCTION One of the objectives of the Constitution for Europe was to forge a clearer and more coherent international relations law so that the EU would be capable of projecting a forceful, single identity on the international scene. This objective survived the Lisbon adjustment of the Convention nearly unscathed.The resulting treaty reform consisted of a greater integration between CFSP and `Community external relations', expressed in the creation of the EEAS with the HR as its head and in a more integrated treaty-making procedure. Moreover, there was a strong democratization, expressed in more powers for the European Parliament, especially in respect of treaty-making. Finally, there was an increase in commercial policy powers of the Union and a codification of the exclusive external relations powers in the domain of external relations. Some of the improvements, however, were awkwardly drafted or contained broad terms that would need further clarification. This was the case in particular for Article 3(2) of the TFEU on implied exclusive external relations powers, which attempted to summarize the so-called ERTA case law of the Court of Justice, and a term like foreign direct investment in Article 207 TFEU on the common commercial policy, which remained undefined.

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Legal Issues of Economic Integration – Kluwer Law International

Published: Jan 1, 2016

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