Alan Dashwood

Law and practice of EU external relations: salient features of a changing landscape

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs 2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona 3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood 4. EC Law and UN Security Council resolutions - in search of the right fit Piet Eeckhout 5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa 6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel 7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Muller-Graff 8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous 10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau 11. The EUs Neighbourhood Policy towards Eastern Europe Christophe Hillion 12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege 13. The EUs Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EUs proximity strategies Erwan Lannon 14. The EUs transatlantic relationship Gunter Burghardt Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere 16. EU environmental law and its green footprints in the world Kirstyn Inglis.

From Van Duyn to Mangold via Marshall: Reducing Direct Effect to Absurdity?

In an article published in 1983, Pierre Pescatore who, as a Member of the Court of Justice, exercised a powerful intellectual influence over the development of European Community law during what might be deemed the Court’s Golden Age, once described direct effect as ‘an infant disease’. What he meant was that, in the early years of the Community, it may have seemed remarkable, even dangerous, that provisions of the EC Treaty or of acts adopted under it could give rise to rights and correlative duties which national courts were called upon to recognise and enforce. But now that Community law had reached maturity, direct effect should be taken for granted, as a normal incident of an advanced constitutional order.

The EU Constitution—What Will Really Change?

So much disinformation about the Treaty establishing a Constitution for Europe—‘the Constitutional Treaty’, as I shall call it—has been disseminated by the media in this country (and not only here) that there is an urgent need to put the record straight. I am going to tackle the problem in two ways: first, by trying to assuage some false and exaggerated fears of changes that are either fictional or minor; and, secondly, by evaluating what seem to me to be the main changes the Constitutional Treaty is designed genuinely to bring about.

Law and Practice of EU External Relations: Bilateral and regional approaches

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs 2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona 3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood 4. EC Law and UN Security Council resolutions - in search of the right fit Piet Eeckhout 5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa 6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel 7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Muller-Graff 8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous 10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau 11. The EUs Neighbourhood Policy towards Eastern Europe Christophe Hillion 12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege 13. The EUs Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EUs proximity strategies Erwan Lannon 14. The EUs transatlantic relationship Gunter Burghardt Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere 16. EU environmental law and its green footprints in the world Kirstyn Inglis.

Law and Practice of EU External Relations: Constitutional and institutional questions

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs 2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona 3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood 4. EC Law and UN Security Council resolutions - in search of the right fit Piet Eeckhout 5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa 6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel 7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Muller-Graff 8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous 10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau 11. The EUs Neighbourhood Policy towards Eastern Europe Christophe Hillion 12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege 13. The EUs Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EUs proximity strategies Erwan Lannon 14. The EUs transatlantic relationship Gunter Burghardt Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere 16. EU environmental law and its green footprints in the world Kirstyn Inglis.

Law and Practice of EU External Relations: Table of Treaty Provisions

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs 2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona 3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood 4. EC Law and UN Security Council resolutions - in search of the right fit Piet Eeckhout 5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa 6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel 7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Muller-Graff 8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous 10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau 11. The EUs Neighbourhood Policy towards Eastern Europe Christophe Hillion 12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege 13. The EUs Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EUs proximity strategies Erwan Lannon 14. The EUs transatlantic relationship Gunter Burghardt Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere 16. EU environmental law and its green footprints in the world Kirstyn Inglis.

Law and Practice of EU External Relations: Abbreviations

Part I. Constitutional and Institutional Questions: 1. Direct effect and interpretation of international agreements in the recent case law of the European Court of Justice Francis Jacobs 2. Defining competence in EU external relations: lessons from the Constitutional Treaty Marise Cremona 3. Article 47 TEU and the relationship between first and second pillar competences Alan Dashwood 4. EC Law and UN Security Council resolutions - in search of the right fit Piet Eeckhout 5. Fundamental rights and the interface between second and third pillar Eleanor Spaventa 6. The EU as a party to international agreements: shared competences? Mixed responsibilities? Ramses Wessel 7. Will the common commercial policy be impeded by non-ratification of the Constitutional Treaty? Peter-Christian Muller-Graff 8. The extent to which the EC legislature takes account of WTO obligations: jousting lessons from the European Parliament Jacques Bourgeois and Orla Lynskey Part II. Bilateral and Regional Approaches: 9. The relations between the EU and Switzerland Christine Kaddous 10. The relations between the EU and Andorra, San Marino and Monaco Marc Maresceau 11. The EUs Neighbourhood Policy towards Eastern Europe Christophe Hillion 12. The four common spaces: new impetus to the EU-Russia strategic partnership? Peter Van Elsuwege 13. The EUs Strategic Partnership with the Mediterranean and the Middle East: a new geopolitical dimension of the EUs proximity strategies Erwan Lannon 14. The EUs transatlantic relationship Gunter Burghardt Part III. Selected Substantive Areas: 15. With eyes wide shut: the EC strategy to enforce intellectual property rights abroad Inge Govaere 16. EU environmental law and its green footprints in the world Kirstyn Inglis.