Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.001.0001
- Subject:
- Law, EU Law
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ...
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The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.Less
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.001.0001
- Subject:
- Law, EU Law
The Three-Pillars System of the European Union was intended to give flexibility to, and ultimately to extend, the area over which the EU could exert its influence. The ...
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The Three-Pillars System of the European Union was intended to give flexibility to, and ultimately to extend, the area over which the EU could exert its influence. The Second and Third Pillars reflect a different level of integration and centralization, with the result that the Union can have input into the more politically sensitive and legally complex areas. The most well-documented pillar is the European Communities Pillar, where Community legislation takes place, and Community methods, rather than intergovernmental methods, prevail. However, it is argued that the two intergovernmental pillars – the common Foreign and Security Policy, and Cooperation in Justice and Home Affairs – make an important contribution to the increasing legal sophistication of the Union's constitution. The former has enabled the European Union to assert its own identity without compromising the sovereignty of the Member States, whilst the latter can be seen as a half-way house for subjects too sensitive for immediate integration into the Community Legal Order.Less
The Three-Pillars System of the European Union was intended to give flexibility to, and ultimately to extend, the area over which the EU could exert its influence. The Second and Third Pillars reflect a different level of integration and centralization, with the result that the Union can have input into the more politically sensitive and legally complex areas. The most well-documented pillar is the European Communities Pillar, where Community legislation takes place, and Community methods, rather than intergovernmental methods, prevail. However, it is argued that the two intergovernmental pillars – the common Foreign and Security Policy, and Cooperation in Justice and Home Affairs – make an important contribution to the increasing legal sophistication of the Union's constitution. The former has enabled the European Union to assert its own identity without compromising the sovereignty of the Member States, whilst the latter can be seen as a half-way house for subjects too sensitive for immediate integration into the Community Legal Order.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0011
- Subject:
- Law, EU Law
This chapter examines the nature of parliamentary scrutiny of the intergovernmental pillars of the European Union. It aims to determine whether the ...
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This chapter examines the nature of parliamentary scrutiny of the intergovernmental pillars of the European Union. It aims to determine whether the decisions taken and the instruments adopted under the Second and Third Pillars are subject to adequate democratic control. It suggests that parliaments are generally limited in their scrutiny of foreign and security policy by the speed with which the most important events unfold and the frequent need for secrecy.Less
This chapter examines the nature of parliamentary scrutiny of the intergovernmental pillars of the European Union. It aims to determine whether the decisions taken and the instruments adopted under the Second and Third Pillars are subject to adequate democratic control. It suggests that parliaments are generally limited in their scrutiny of foreign and security policy by the speed with which the most important events unfold and the frequent need for secrecy.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0001
- Subject:
- Law, EU Law
This introductory chapter explains the coverage of this book, which is about the Three-Pillar System of the European Union. It describes the ...
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This introductory chapter explains the coverage of this book, which is about the Three-Pillar System of the European Union. It describes the distinguishing features of the intergovernmental pillars, the evolution of European political cooperation during the formation of the Second Pillar, and the evolution of cooperation in justice and home affairs during the formation of the Third Pillar. The chapter also evaluates the achievements and the weaknesses of the Common Foreign and Security Policy (CFSP) and of the Second and Third Pillars.Less
This introductory chapter explains the coverage of this book, which is about the Three-Pillar System of the European Union. It describes the distinguishing features of the intergovernmental pillars, the evolution of European political cooperation during the formation of the Second Pillar, and the evolution of cooperation in justice and home affairs during the formation of the Third Pillar. The chapter also evaluates the achievements and the weaknesses of the Common Foreign and Security Policy (CFSP) and of the Second and Third Pillars.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0010
- Subject:
- Law, EU Law
This chapter examines the judicial control of the intergovernmental pillars of the European Union. When the intergovernmental pillars were established ...
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This chapter examines the judicial control of the intergovernmental pillars of the European Union. When the intergovernmental pillars were established by the Treaty of Maastricht they were excluded almost totally from the jurisdiction of the European Court of Justice (ECJ). Some of the reasons for this exclusion include the short-term character of the European Political Cooperation (EPC) and the very nature and record of the ECJ.Less
This chapter examines the judicial control of the intergovernmental pillars of the European Union. When the intergovernmental pillars were established by the Treaty of Maastricht they were excluded almost totally from the jurisdiction of the European Court of Justice (ECJ). Some of the reasons for this exclusion include the short-term character of the European Political Cooperation (EPC) and the very nature and record of the ECJ.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0002
- Subject:
- Law, EU Law
This chapter examines the distinguishing legal features of the intergovernmental pillars of the European Union (EU). It explains that the pillars are ...
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This chapter examines the distinguishing legal features of the intergovernmental pillars of the European Union (EU). It explains that the pillars are not a legal innovation and they were established because of the recognition of the majority of Member States that European Community law is not appropriate for the areas where they wish to work together. It discusses the similarities and differences between public international law and European Community law.Less
This chapter examines the distinguishing legal features of the intergovernmental pillars of the European Union (EU). It explains that the pillars are not a legal innovation and they were established because of the recognition of the majority of Member States that European Community law is not appropriate for the areas where they wish to work together. It discusses the similarities and differences between public international law and European Community law.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0009
- Subject:
- Law, EU Law
This chapter examines cross-pillar action and the struggle for consistency of the intergovernmental pillars of the European Union. It explains that the ...
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This chapter examines cross-pillar action and the struggle for consistency of the intergovernmental pillars of the European Union. It explains that the Common Provisions set out in Title I of the Treaty on European Union (TEU) lay great emphasis on integrated objectives and on consistency of action. It suggests that although the common strategies were introduced by the Treaty of Amsterdam as an instrument for the Common Foreign and Security Policy (CFSP), they are cross-pillar in character.Less
This chapter examines cross-pillar action and the struggle for consistency of the intergovernmental pillars of the European Union. It explains that the Common Provisions set out in Title I of the Treaty on European Union (TEU) lay great emphasis on integrated objectives and on consistency of action. It suggests that although the common strategies were introduced by the Treaty of Amsterdam as an instrument for the Common Foreign and Security Policy (CFSP), they are cross-pillar in character.
Eileen Denza
- Published in print:
- 2002
- Published Online:
- March 2012
- ISBN:
- 9780198299356
- eISBN:
- 9780191685682
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299356.003.0012
- Subject:
- Law, EU Law
This chapter examines the security and defence policy of the intergovernmental pillars of the European Union. It discusses the key provisions of the ...
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This chapter examines the security and defence policy of the intergovernmental pillars of the European Union. It discusses the key provisions of the pillars and compares them with those of the North Atlantic Treaty Organization (NATO) and the Western European Union (WEU). It describes the changes in the purpose of security and defence policy in several European countries, including neutral Member States, Ireland, Austria, and Finland when the Treaty of Amsterdam went into force.Less
This chapter examines the security and defence policy of the intergovernmental pillars of the European Union. It discusses the key provisions of the pillars and compares them with those of the North Atlantic Treaty Organization (NATO) and the Western European Union (WEU). It describes the changes in the purpose of security and defence policy in several European countries, including neutral Member States, Ireland, Austria, and Finland when the Treaty of Amsterdam went into force.
