Abstract
The book explores the implications of EU external relations on EU law and practices. More specifically, it analyzes the effects of the EU’s external actions through legal concepts, power relations and bonding structures. The concepts through which the EU’s external relations are analyzed are outlined as sincere cooperation, subsidiarity, primacy, and coherence. Differing from the traditional view, the author argues that the EU’s external actions affect the power dynamics between the EU and its member states and among EU institutions. Through the concept of ‘bonding structures’ (referring to the formal legal connections between individuals and the EU through the law), the author explores how EU law directly affects EU citizens.
The book consists of six chapters, the first of which develops the conceptual framework. The remaining five chapters address various aspects of how the EU’s external relations influence the legal structures of bonding, and the autonomy, effectiveness, and legitimacy of EU law. Chapters two and three focus on the importance of organizational principles such as loyalty, coherence, subsidiarity, and primacy for EU external relations. The author argues that these organizational principles enable the EU to justify its foreign policy actions, and strengthen its position as an international actor, adding that they play a pivotal role in EU citizens’ perception of the EU as a legitimate actor.
Chapter four discusses the significance of the choice of legal basis in external relations. The choice of legal basis refers to the formal legal manifestation of a political struggle regarding the competences conferred on the EU or its member states. Thus, with the choice of legal basis, it is determined whether the EU may act alone or together with its member states. The author sheds light on how the correct legal basis is determined within the EU legal order, highlights how the choice of an external legal basis may shift power dynamics between EU institutions or EU member states. She then explains consequences and functions of the choice of legal basis in EU’s external relations.
In Chapter five, the author explains the formal legal powers of the EU institutions in external relations since the entry into force of the Lisbon Treaty in 2009, with particular attention paid to the role of the European Parliament in the conclusion of international agreements. The author draws attention to the impact of the EU’s external relations on the European Parliament’s strengthened position through co-legislating with the Council under the ordinary legislative procedure. This strengthened role of the Parliament in external relations is presented as an illustrative example of structures of bonding.
Chapter six examines the legal implications of the EU’s submission to the International Court of Tribunals (ICTs). The author pays particular attention to three ICTs in which individuals play a role. These are the European Court of Human Rights, Investor-State Dispute Settlement/the Investment Court System, and the Aarhus Convention Compliance Committee. This chapter explores how the autonomy debate in the context of ICTs relates to the effectiveness of EU law, emerging structures of bonding, and legitimacy of Union action. The author argues that a certain degree of political autonomy is necessary to develop legal structures of bonding and legitimacy of EU institutions. Finally, the author discusses the implications of the jurisdiction of international courts and tribunals for autonomy of the EU legal order and comes to the conclusion that the EU’s external actions have profound impacts on the constitutional structures of the EU legal order.
The book offers important insights into the interconnectedness between law and politics in the context of the EU’s external relations and interactions between the EU and the member states. It brings a novel insight into a range of salient contemporary scholarly debates by discussing the EU’s legitimacy and actorness. It draws attention to a neglected topic in EU studies by shedding light on the ways in which the EU’s external actions affect its institutional and legal structures. Overall, the book offers an important contribution to the literature on EU law and politics.
