The Transformation of EU Treaty Making
The Transformation of EU Treaty Making

Author: Dermot Hodson

Publisher: Cambridge University Press

Published: 2018-08-09

Total Pages: 355

ISBN-13: 1108620736

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Treaty making is a site of struggle between those who claim the authority to speak and act on the international stage. The European Union (EU) is an important test case in this respect because the manner in which the Union and its member states make treaties has shifted significantly over the last six decades. Drawing insights from EU law, comparative constitutionalism and international relations, this book shows how and why parliaments, the people and courts have entered a domain once dominated by governments. It presents qualitative and quantitative evidence on the importance of public trust and political tactics in explaining this transformation of EU treaty making and challenges the idea that EU treaties are too rigid. Analysing legal developments in the EU and each of its member states, this will be essential reading for those who wish to understand the EU's controversial experiment in treaty making and its wider significance.

The Exclusive Treaty-Making Power of the European Community up to the period of the Single European Act
The Exclusive Treaty-Making Power of the European Community up to the period of the Single European Act

Author: Moshe Kaniel

Publisher: BRILL

Published: 2023-07-24

Total Pages: 236

ISBN-13: 9004633480

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This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.

Decision making in the EU before and after the Lisbon Treaty
Decision making in the EU before and after the Lisbon Treaty

Author: Madeleine Hosli

Publisher: Routledge

Published: 2017-10-02

Total Pages: 209

ISBN-13: 1317521021

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Decision-making in the European Union before and after the Lisbon Treaty aims to assess what the changes the Treaty of Lisbon envisaged and whether these ambitions have materialised since the Treaty entered into force. It offers analyses of the past, as well as what might be the future (because some provisions will only enter into effect in the years to come). To what extent has the current decision-making process been able to address the shortcomings and challenges of the past? What has been the impact of aspects of the Lisbon Treaty that clarified pre-existing norms and structures, in some cases formalizing them, rather than introducing new changes? The authors in this book look at the interaction between formal rules and informal practices seeking to point to the interaction between the two. They find that informal practices to date typically still dominate formal rules. This book was published as a special issue of West European Politics.

The European Community, the European Union and the International Law of Treaties
The European Community, the European Union and the International Law of Treaties

Author: Delano R. Verwey

Publisher: T.M.C. Asser Press

Published: 2004

Total Pages: 0

ISBN-13: 9789067044196

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In the past decades the European Community and, to a lesser extent, the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by the existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union’s external treaty-making powers. The study is completed with a number of concrete proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements. The case law referred to in the book has been compiled in a Table of Cases. Furthermore, the book contains a list of selected documents and an extensive bibliography, covering the Community practice from the 1960s up to the present. And last but not least, the accessibility of the book is greatly enhanced by a subject index. This book will be of interest to practitioners in EU Law, International Law and the Law of International Organizations as well as to specialists who work for the Foreign Office in different countries and specialists within International Organizations. Delano Ruben Verwey is an Assistant Professor of the Law of the European Union, Erasmus University Rotterdam, The Netherlands.

EU Trade and Investment Treaty-Making Post-Lisbon
EU Trade and Investment Treaty-Making Post-Lisbon

Author: Gesa Kübek

Publisher: Bloomsbury Publishing

Published: 2024-06-27

Total Pages: 289

ISBN-13: 1509964657

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This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

The European Community, the European Union and the International Law of Treaties
The European Community, the European Union and the International Law of Treaties

Author: Delano R. Verwey

Publisher: T.M.C. Asser Press

Published: 2004-11-11

Total Pages: 320

ISBN-13: 9789067041829

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In past decades the European Community and the European Union have concluded and become a party to a great number of bilateral and multilateral international agreements. In some cases the Community or the Union acts as the sole contracting party but in an increasing number of cases the Community acts as a joint contracting party alongside the Member States. The author analyses to what extent the Community and the Union apply or are bound by existing rules of international treaty law as embodied in the two Vienna Conventions and customary international law. His analysis is preceded by an extensive description of the Community and Union's external treaty-making powers. The study concludes with proposals regarding the manner in which the law of treaties should be amended in order to regulate more effectively the treaty relations of the European Community and the European Union, in particular in the case of mixed agreements.

The Transformation of Governance in the European Union
The Transformation of Governance in the European Union

Author: Rainer Eising

Publisher: Routledge

Published: 2003-09-02

Total Pages: 342

ISBN-13: 1134608330

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The book presents a theoretically informed typology of modes of governance which is tested in a careful selection of comparative country and policy studies. At the core is the question whether the European Union is destined to a network type of governance and whether and how this type of governance will be translated into the member states. The individual chapters subject the governing patterns at European and national level to empirical scrutiny. Drawing on recent research findings in different issue areas - including monetary union, social affairs, environment, genetic engineering and market liberalisation in transport, banking, energy, professional services - the contributions highlight the impact of the European activities on policy-making process in the member states.