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

Konstadinides, Theodore (2014) 'EU foreign policy under the doctrine of implied powers: Codification drawbacks and constitutional limitations.' European Law Review, 39 (4). pp. 511-530. ISSN 0307-5400

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Abstract

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
Additional Information: Source info: 39 (4) European Law Review 511-530
Uncontrolled Keywords: Codification; Common policies; Constitutionality; EU law; External relations; Foreign policy; Member States; Sovereignty
Subjects: K Law > K Law (General)
K Law > KZ Law of Nations
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 31 Oct 2016 11:41
Last Modified: 06 Jan 2022 14:40
URI: http://repository.essex.ac.uk/id/eprint/17841

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