Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
LEGAL BASIS CONFLICTS REGARDING EU EXTERNAL ACTIONS: Upholding the key properties of the CFSP and the AFSJ provisions when negotiating and concluding international agreements
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2015 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Since the competence provided in the CFSP and the AFSJ areas in certain situation can overlap, issues have arisen in the recent case law and literature concerning the choice of legal basis. The provisions of the two policy areas concern important international areas and the institutional balance, which is based on what legal basis is chosen, leads to a number of institutional consequences such as division of power between the Member states and the Union’s institutions. The idea behind this paper is to display an ample and just picture of a complicated situation in order to highlight the issues at hand that have arisen due to the complexness of the legal framework. If one of the policy areas are chosen as the correct legal basis, different rules in the treaty applies, which leads to different distribution of power since different institutions in EU play different roles depending on legal basis. The purpose of this work is therefore to analyse the external dimension of the AFSJ and the CFSP rules and examine how the correct legal basis can be determined by the legislator at the same time as the Member States and the EU’s ability to fulfil their objectives and goals is not undermined.  

Place, publisher, year, edition, pages
2015. , 50 p.
Keyword [en]
EU, external relations, AFSJ, CFSP, legal basis conflicts, litigation
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:uu:diva-266941OAI: oai:DiVA.org:uu-266941DiVA: diva2:871538
Educational program
Law Programme
Supervisors
Examiners
Available from: 2016-02-22 Created: 2015-11-13 Last updated: 2016-02-22Bibliographically approved

Open Access in DiVA

Legal basis conflicts regarding EU external actions(735 kB)121 downloads
File information
File name FULLTEXT01.pdfFile size 735 kBChecksum SHA-512
4db2f029ceea3a3ba7a7c6cc1386f50bc4facd221ff414d5285d2f8e1cd392e7f20249532b19eeb84cab624cd91c5d80138a3e897a56b222d6ed7a443150bf8e
Type fulltextMimetype application/pdf

By organisation
Department of Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 121 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 448 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf