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Constitutional Principles of EU External Relations$
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Geert De Baere

Print publication date: 2008

Print ISBN-13: 9780199546688

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199546688.001.0001

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The Dichotomy between EC External Relations and the CFSP

The Dichotomy between EC External Relations and the CFSP

Chapter:
(p.201) 6 The Dichotomy between EC External Relations and the CFSP
Source:
Constitutional Principles of EU External Relations
Author(s):

Geert De Baere

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199546688.003.0007

This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.

Keywords:   EC Treaty, new legal order, Treaty of Lisbon, communitarization, High Representative of the Union for Foreign Affairs and Security Policy, primacy, direct effect

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