Research Repository

EU foreign policy under the doctrine of implied powers: Codification drawbacks & constitutional limitations

Konstadinides, T (2014) 'EU foreign policy under the doctrine of implied powers: Codification drawbacks & constitutional limitations.' European Law Review, 39 (4). 511 - 530. ISSN 0307-5400

[img] Text
Konstadinides ELR Implied Powers final.pdf - Accepted Version
Restricted to Repository staff only

Download (241kB)

Abstract

©2014 Thomson Reuters (Professional) UK Limited and Contributors. In recent years, the proliferation of EU powers to enter into international obligations has raised concerns about the respect the European Union places upon Member States' autonomy to conduct foreign policy at the national level. This article provides a fresh take on the EU doctrine of implied powers by examining its current scope as well as its implications for national autonomy to unilaterally conclude international agreements. Since the doctrine has been encapsulated in the Lisbon Treaty, the article provides a discussion of the constitutionalisation of EU implied external powers and offers new insights into established case law. It discusses whether the Lisbon codification is a shorthand solution which does little justice to the otherwise detailed jurisprudence of the Court of Justice of the European Union (CJEU) in ensuring the proper balancing of powers between the European Union and the Member States in the foreign policy realm.

Item Type: Article
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Faculty of Humanities > Law, School of
Depositing User: Theodore Konstadinides
Date Deposited: 31 Oct 2016 11:41
Last Modified: 21 Aug 2017 11:15
URI: http://repository.essex.ac.uk/id/eprint/17841

Actions (login required)

View Item View Item