Marc Maresceau

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.

The EU Pre-Accession Strategies: a Political and Legal Analysis

In the EU enlargement procedure, one of the important steps is the Opinion of the European Commission on each application for EU membership. But the Commission’s role in the enlargement process as a whole is in reality much more important than Article 49 TEU (former Article O) at first glance suggests: the Commission has indeed a key position in the preparation of the formulation and implementation of the pre-accession strategies towards the applicant country as well as in the accession negotiations as such.1 Therefore, the request of the 1995 Madrid European Council to the Commission to embark on the drafting of a composite paper on enlargement,2 although unique in itself, was not so astonishing. Already the sheer number of all the applications from the Central and Eastern European Countries (CEECs) — no less than ten have applied for membership — together with the pending applications of Cyprus and Malta,3 and not forgetting Turkey, made the prospect of further enlargement this time something very special and indeed very different from previous enlargements. The next enlargement(s), possibly involving so many different countries with such varying degrees of economic and social development, necessarily raised questions about the preparation of an adequate enlargement framework. Naturally, such considerations quickly have a political, economic and financial dimension.

The Court of Justice and Bilateral Agreements

The Haegeman judgment of 30 April 1974 was the first case in which the European Court of Justice was asked to provide an interpretation of a bilateral agreement concluded by the EEC with a non-Member State. The Ziebell judgment of 8 December 2011 is one of the recent preliminary rulings concerning the interpretation of the 1963 Association Agreement between the EEC and Turkey. With this more than 35 years of case-law on bilateral agreements, the Court has achieved a truly impressive record. Although initially not foreseen by the Founding Fathers of the EEC Treaty, the interpretation of bilateral agreements with non-Member States has become one of the very dynamic areas of judicial protection in the EU. In the first part of this contribution, “the formative years” of the Court’s case-law on direct effect of bilateral agreements are revisited, and it is seen that a rereading of “the basics” is not without discoveries and sometimes even surprises. Thereafter, the contribution examines in more detail where the case-law on direct effect of bilateral agreements stands today; and finally, in the last section, a few illustrations are given of the intense but often subtle interaction between direct effect and substantive law interpretation.

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.