Piet Eeckhout

The European Convention on Human Rights and Fundamental Freedoms as an Integral Part of EU Law—Some Reflections on Status and Effect

This paper analyses the future status, in EU law, of the ECHR, once the EU has joined the Convention. It looks at whether the Convention should have direct effect in EU law, and at the binding nature of ECtHR decisions.

Exclusive External Competences: Constructing the EU as an International Actor

This contribution analyses the main heads of exclusive external competences—Treaty-based and implied powers—identified and articulated in the case-law of the Court of Justice. It explores the rationales for such exclusive powers, which are closely connected to the coherence of the EU’s internal competences and policies. The contribution argues that, even in areas of exclusive competence, EU and Member State competences are closely entwined. It further argues that exclusive implied powers are no more than a rule of pre-emption. The contribution also explores the dialogue between the case-law and the Treaty revisions, in particular the latest one, through the Treaty of Lisbon. Its conclusion is that the case-law played a remarkable role in constituting the EU as an international actor.