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.
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.
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.
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 |
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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 Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 31 Oct 2016 11:41 |
Last Modified: | 30 Oct 2024 16:41 |
URI: | http://repository.essex.ac.uk/id/eprint/17841 |
Available files
Filename: Konstadinides ELR Implied Powers final.pdf