The EU System of External Relations: Coherence – Flexibility – Managing Shared Competence

This research is part of Prof. Marise Cremona 's research project
The Foreign Relations Law of the European Union: A Constitutional Perspective  -

 

This element of the project aims to enquire more deeply into the relationship between the key actors involved in EU foreign relations: the EU (the EC) and the Member States, and the ways in which these relations are changing.

Different specific dimensions of the relationship between Member States and the Union in external action are explored: the way in which classic notions of exclusivity and pre-emption are being replaced by more flexible ways of managing shared competence, governed by the duties of cooperation and compliance;  flexibility and enhanced cooperation in foreign and security policy; the legal mechanisms which have been used to accommodate the EU in an international legal environment which is not always fully adapted to its  specificities; the principle of coherence, and the role that legal rules and principles have in ensuring coherence in EU external relations. 

• M. Cremona, ‘Coherence in Foreign Policy – the Legal Dimension’ in P. Koutrakos (ed.) European Foreign Policy: Legal and Political Perspectives , Edward Elgar, 2011
• M. Cremona, ‘Balancing Union and Member State interests: Opinion 1/2008, choice of legal base and the common commercial policy under the Treaty of Lisbon,’ (2010) 35 European Law Rev 678-694
• M. Cremona, ‘Disconnection Clauses in EC Law and Practice’ in C. Hillion and P. Koutrakos, Mixed Agreements Revisited - The EU and its Member States in the World , Hart Publishing, 2010
• M. Cremona, ‘Enhanced Cooperation and the Common Foreign and Security and Defence Policies of the EU’. EUI Working Paper LAW 2009/21 
• M. Cremona, ‘Member States as trustees of the Community interest: participating in international agreements on behalf of the European Community'. EUI Working Paper LAW 2009/17 
• M. Cremona, ‘Extending the reach of the AETR principle: Comment on Commission v Greece (C-45/07)’ (2009) 34 European Law Review 754
• M. Cremona,‘Coherence Through Law: What Difference Will the Treaty of Lisbon Make?’  (2008) 3/1 Hamburg Review of Social Sciences
• M. Cremona, ‘Defending the Community Interest: the Duties of Cooperation and Compliance’ in M. Cremona and B. de Witte (eds.) EU Foreign Relations Law – Constitutional Fundamentals , Hart Publishing, 2008
• M. Cremona, Community Rapporteur, ‘External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law’, FIDE 2006 National Reports. Available as EUI Law Working Paper 2006/22