Foreign Affairs and the EU Constitution: Selected Essays

Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet, in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so, how? Foreign Affairs and the EU Constitution brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union.

Table of Contents:
Introduction; Part I. International Law and the EU Constitution - Normative Aspects: 1. On 'federal ground': the European Union as an (inter)national phenomenon; 2. On 'middle ground': the European Union and public international law; 3. The 'succession doctrine' and the European Union; 4. European law and member state agreements: an ambivalent relationship?; Part II. Foreign Affairs and the EU Constitution - Vertical Aspects: 5. Federalism and foreign affairs: mixity as an (inter)national phenomenon; 6. Dual federalism constitutionalised: the emergence of exclusive competences; 7. Parallel external powers: from 'Cubist' perspectives towards 'naturalist' constitutional principles?; 8. The ERTA Doctrine and cooperative federalism; Part III. Foreign Affairs and the EU Constitution - Horizontal Aspects: 9. External Union powers: competences and procedures; 10. External Union legislation: international agreements; 11. The 'treaty power' and parliamentary democracy: comparative perspectives; 12. External Union policies: a substantive overview; Annex. Foreign affairs provisions in the EU Constitution (selection).

About the Author :
Robert Schütze is Professor of European Law and Co-Director of the Global Policy Institute at Durham University.

Review :
'Schutze's essay compilation gives a comprehensive overview over the constitutional framework of EU's foreign affairs and the underlying doctrinal problems. It goes beyond a mere illustration and contributes significantly to the academic debate. It is both suitable for a first approach to the European foreign affairs from a legal stand as well for a deeper involvement with this highly relevant subject matter. As a read, it is highly recommendable.' Paulina J. Starski, Yearbook of European Law 'Robert Schütze's new book Foreign Affairs and the EU Constitution is an excellent collection of connected essays on fundamental questions related to the coming of age of the EU as a global actor. All twelve chapters are a testimony to the author's original thinking and provide a rather complete picture of the many issues the EU faces today. Schütze's choice to approach many of these issues from a 'federal' perspective helps us to understand the European Union's complex relation with both the world and its own members.' Ramses A. Wessel, University of Twente, Enschede, The Netherlands 'In these essays, Robert Schütze explores the utility of federal thought for questions concerning the existence and operation of the EU, in particular in its external relations. In doing so, he sheds new light on old doctrinal questions, and does so in great style: these essays are lucid and provocative, well-informed both when it comes to EU law and international law, and simply a pleasure to read. This is a fine collection of essays by one of the leading EU law scholars of his generation.' Jan Klabbers, University of Helsinki 'This book provides an impressive breadth and depth of analysis on fitting the square peg of foreign affairs within the round hole of constitutionalism. In doing so, it both raises interesting questions and provides much illumination on the extent to which the EU is still part of international law and yet can be regarded as a federal entity. It is also a work of comparative law, which constitutes a persuasive rebuttal of the position that the EU is too sui generis - especially with respect to foreign policy - to be susceptible to comparison with other federal entities. This erudite and thought-provoking study on fundamental issues confronting the EU will inspire anyone interested in the EU as an external actor in particular and as a unique constitutional entity in general.' Geert De Baere, Katholieke Universiteit Leuven, Belgium 'Robert Schutze's scholarly work addresses the fundamental issues of EU external relations law with insight and a seductive elegance that pleases even when he is challenging the reader's own cherished opinions.' Alan Dashwood, University of Cambridge 'Robert Schütze's writing on EU law is always thoughtful and stimulating. I follow his work with interest and I am delighted to find in this book essays written over recent years on the constitutional law of EU foreign relations, together with some new material. The topics covered are central in current debate on the international role of the EU and the book will be a great resource for scholars and teachers of EU constitutional and external relations law.' Marise Cremona, European University Institute '… this collection of essays is recommended both to students of EU foreign relations law active in academia, and to those interested more generally in learning more about Professor Schütze's distinctive approach to the study of EU law … As no other, the author succeeds in systematising the disparate materials in this area, and in introducing 'broader constitutional lines' where at first sight one can only see disparate points on a chaotic canvas, to paraphrase the author. Arguably, this quality makes Professor Schütze one of the greatest pedagogues known in the field of EU law today.' Thomas Verellen, European Law Review