A Constitutional Basis for Effective External Action? An Assessment of the Provisions on EU External Action in the Constitutional Treaty

European University Institute Law Working Paper No. 2006/30

38 Pages Posted: 19 Feb 2007

See all articles by Marise Cremona

Marise Cremona

European University Institute - Department of Law (LAW)

Date Written: October 2006

Abstract

This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l'Europe à la lumière des travaux préparatoires et perspectives d' avenir, edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Treaty which relate to the Union's external action. In doing so it considers issues of consistency, competence, the partial integration of the pillars and remaining questions concerning the legal nature of the EU's Common Foreign and Security Policy, the Common Security and Defence Policy, the procedures for concluding international agreements and the common commercial policy. Institutional aspects of external action, and in particular the creation of the Minister of Foreign Affairs, are considered elsewhere in the volume and are therefore not covered here. Consideration is also given to the extent to which it would be possible, and/or desirable, to incorporate the changes made by the Constitutional Treaty into a revised text or an alternative Treaty

Keywords: EU, Common Foreign and Security Policy, Common Security and Defence Policy, Constitutional Treaty

Suggested Citation

Cremona, Marise, A Constitutional Basis for Effective External Action? An Assessment of the Provisions on EU External Action in the Constitutional Treaty (October 2006). European University Institute Law Working Paper No. 2006/30, Available at SSRN: https://ssrn.com/abstract=963368 or http://dx.doi.org/10.2139/ssrn.963368

Marise Cremona (Contact Author)

European University Institute - Department of Law (LAW)

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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