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Based on extensive empirical work by a cross-European group of researchers, this book assesses the impact of the creation of the European External Action Service (EEAS) on the national foreign policy-making processes and institutions of the EU member states. As such, the contributions cover both the involvement of the national diplomatic and foreign policy actors in shaping the outlook of the EEAS and its mission, as well as the changes (or not) it has produced for those actors of the member states. The analysis draws in theoretical frameworks from Europeanization and socialization, but also from intergovernmental frameworks of policy-making within the European Union. An introduction by the editors outlines the issues and trends examined in the book and establishes the theoretical and methodological framework. Split into 2 sections, Part I: EEAS and national diplomacies as part of global and European structures has contributions by Richard Whitman, Rosa Balfour, Christian Lequesne, Caterina Carta and Simon Duke. Part II: National diplomacies shaping and being shaped by the EEAS is covered by Daniel Fiott, Fabien Terpan, Cornelius Adebahr, Andrea Frontini, Ignacio Molina and Alicia Sorroza, Laura C. Ferreira-Pereira, Alena Vysotskaya G. Vieira and Louise van Schaik, Grzegorz Gromadzki, Mark Rhinard, Jakob Lewander and Sara Norrevik, Sabina Kajnc Lange, Ruby Gropas and George Tzogopoulos, Vit Beneš and Kristi Raik. This book is much needed, especially in an era when the EU is trying to pull its weight in the international sphere (e.g. Syria, Iran, the Arab Spring, Chinese relations and emerging powers) but also at a time when the EU is trying to recalibrate its institutional structure in light of the current financial predicaments and questions on the democratic legitimacy of the European project.
This book questions whether the institutions and practices of the emerging EU diplomatic system conform to established standards of the state-centric diplomatic order; or whether practice is paving the way for innovative, even revolutionary, forms of diplomatic organisation.
Over the past five years, the EU has established a new system of diplomacy centred on the European External Action Service (EEAS) and the High Representative for Foreign Affairs and Security Policy. This new system reflects a process of evolution in a changing context, and has been faced by major challenges since its inception. This book examines the diplomatic system of the EU, locating it within the broader study of diplomacy and the European integration project. The volume is structured around the interrelated themes of institutional change and the evolving practices of EU diplomacy. It tracks the development of the EU’s system of diplomacy, with particular reference to the implementation of the Lisbon Treaty, the establishment of the EEAS and the emerging practices of EU strategic and structural diplomacy. Bringing together contributions from leading experts in the field, this book provides an original approach to the development and operation of the EU’s diplomatic system. This book will be of interest to students and scholars of European Union international relations, European Union politics and diplomacy.
This report provides an overview of the work of the European Union Committee in session 2012-13. It highlights some of the key policies examined through scrutiny work and inquiries, reflects on the Committee's work with thie EU institutinos and other national parliaments, and gives a forward look at the work being undertaken in session 2013-14.
There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.
Terrorism, Law and Policy: A Comparative Study is a textbook offering a comparative study of the terrorism-related legislation, policy and practice introduced from international governmental bodies such as the UN and the European Union, and individual states, with a focus on Australia, Canada, New Zealand, the UK and the US. It offers a uniquely legal perspective on key themes relating to terrorism and security. This new edition is brought fully up to date with the ever-changing developments in terrorist activity, as well as in states’ approaches to anti-terrorism legislation and policy. It includes new chapters on the far-right and extreme far-right cause, one on offering a comparative study of the anti-terrorism policies of states and international bodies, and the role of international and national counter-terrorism agencies, planning and preparing acts of terrorism and a new chapter on freedom of expression, hate crime and proscribing groups as terrorist organisations. Terrorism, Law and Policy: A Comparative Study is ideally suited for terrorism and security modules at undergraduate and postgraduate levels, and will also be of interest to practitioners working on the legal aspects of these areas.