EU Foreign Policy Under the Doctrine of Implied Powers: Codification Drawbacks and Constitutional Limitations

Abstract

In recent years, the proliferation of EU powers to enter into international obligations has raised concerns about the respect the EU places upon Member States’ autonomy to conduct foreign policy at the national level. This article provides a fresh take on the EU doctrine of implied powers by examining its current scope as well as its implications for national autonomy to unilaterally conclude international agreements. Since the doctrine has been encapsulated in the Lisbon Treaty, the article provides a discussion of the constitutionalisation of EU implied external powers and offers new insights into established case law. It discusses whether the Lisbon codification is a shorthand solution which does little justice to the otherwise detailed jurisprudence of the Court of Justice of the EU (CJEU) in ensuring the proper balancing of powers between the EU and the Member States in the foreign policy realm.

Keywords: EU constitutional law; EU external relations; division of powers; competence