Content

This optional course offers an introduction into EU external relations law. The course explains the legal intricacies of having a composite legal order entering into relations with third countries and international organizations. Among the topics to be covered are the international legal personality of the Union, the division of competences between the Member States and the Union and between the different institutions of the Union in the field of external relations, and the coherence and efficiency of EU external action. The course also examines the decision-making procedures (including for the conclusion of international agreements) in the ordinary external relations of the EU (formerly Community external relations) and in the common foreign and security policy. Finally, the course explores the role of democracy and the rule of law in EU external relations.

Course material

• Textbook: P.J. Kuijper, J. Wouters, F. Hoffmeister, G. De Baere, T. Ramopoulos, The Law of EU External Relations. Cases, Materials, and Commentary on the EU as an International Legal Actor, Oxford University Press, 2013;
• Optional textbook: G. De Baere, Constitutional Principles of EU External Relations, Oxford University Press, 2008;
• Consolidated EU and FEU Treaties; Consolidated EC and EU Treaties pre-Lisbon (Nice consolidates versions);
• Reader with cases and materials.

Format: more information

Supervised self-study on the basis of selected case-law, legal writing and EU legal instruments, followed by in-depth analysis and synthesis of the underlying legal problems during ex cathedra class room sessions, offering sufficient opportunities for discussion and interaction.

Is also included in other courses

• C09B3D : The Law of External Relations of the E.U.

Content

Provisional calendar:

i. The foundations of the European Union legal order

- Principles and values guiding the process of European integration

- Different models of regional integration

- Reforms of ‘constitutional’ importance for the EU legal order

- The ‘Constitutional Charter’: the EU Treaties

ii. The actors of the European Union integration process

- The high contracting parties and their constituencies

- The EU institutions

 - Beyond EU states and institutions?

iii. The normative function of the European Union

- The original source of EU law: primary law

- Defining the existence of an EU competence

- Framing the exercise an EU competence

- Overview of the sources of EU legal constraints

- The dynamics of the EU legal order: examples from the rules on free movement in the EU

iv. The exercise of the normative function of the European Union

- Internal decision making

- External decision making

- Differentiated decision making

v. The unique nature of the European Union legal order

- The EU legal order is ‘integrated’ in that of the Member States

- The EU legal order is developing special relationships with other international legal orders

- The EU possesses a remarkable implementation and enforcement machinery

- The EU legal order, the rule of law and fundamental rights

Course material

- Handbook – European Union Law (Lenaerts, Van Nuffel, 2011, Sweet & Maxwell);

- Code – Paper consolidated versions of the Treaty on European Union, the Treaty on the Functioning of the European Union, and the Charter of Fundamental Rights of the European Union, available from the VRG Cursusdienst (VRG Course shop);

- Outline – A general outline of the course including specific reading instructions (identifying specific paragraphs in the recommended book) on each topic which will be provided on Toledo; and

- Extras – Detailed information on each lecture, exercises, cases and selected additional materials which will be provided on Toledo.

Format: more information

Supervised self-study on the basis of selected case-law, legal writing and EU legal instruments, followed by in-depth analysis and synthesis of the underlying legal problems during ex cathedra class, discussion and interaction encouraged.