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EU External Relations Law$
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Piet Eeckhout

Print publication date: 2011

Print ISBN-13: 9780199606634

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606634.001.0001

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Competence to conduct a Common Foreign and Security Policy

Competence to conduct a Common Foreign and Security Policy

(p.165) 5 Competence to conduct a Common Foreign and Security Policy
EU External Relations Law

Piet Eeckhout

Oxford University Press

This chapter focuses on the scope of the Common Foreign and Security Policy (CFSP), and its delimitation from other EU external policies. Although the Treaty of Lisbon introduces some important modifications in that respect, much of the analysis concerns the law as it has evolved under the previous versions of the Treaty on European Union (TEU) and of the EC Treaty. The structure of the analysis is as follows. It explores the Treaty language concerning the objectives of the CFSP, and the competences conferred upon the EU institutions to pursue those objectives, in contrast with other external competences. It then further examines the delimitation of competences, on the basis of an analysis of the case law of the Court of Justice on (old) Article 47 TEU. That is followed by an attempt to interpret the new delimitation provision, (current) Article 40 TEU. From the issue of delimitation, the chapter moves to the concept of consistency between the various areas of external action.

Keywords:   EU institutions, external policy, Treaty of Lisbon, Treaty on European Union, EC Treaty, competences, case law, delimitation, external action

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