RELEX 2025
Inhoudsopgave
The Foundations of EU external Relations ...................................................................................... 2
Theory ............................................................................................................................................ 2
Cases EC ........................................................................................................................................ 5
Cases ............................................................................................................................................17
Exclusivity and non-exclusivity..................................................................................................... 24
Theory ...........................................................................................................................................24
Cases ............................................................................................................................................41
Vertical Axis ................................................................................................................................ 49
Theory ...........................................................................................................................................49
Cases ............................................................................................................................................51
External representation and concluding international agreements (guest lecture).......................... 53
Theory ...........................................................................................................................................53
Cases ............................................................................................................................................66
The CFSP … and a bit of horizontal axis ......................................................................................... 73
Theory ...........................................................................................................................................73
Cases ............................................................................................................................................97
,The Foundations of EU external Relations
Theory
EU = more than an international organization = sui generis (unique) entity
- Diplomatic actor
- Development donor
- Trade bloc
- Crisis responder
Post-Lisbon: EU speaks externally with one voice but divided competences
Why EU is diGerent from other foreign policy actors?:
- Division of competences between EU and MS (= vertical axis)
- Foreign policy powers are fairly divided – supranational institutions and
intergovernmental ones
o Supranational: Commission and Parliament
o Intergovernmental: Council and European Council
- Combines hard law (sanctions under CDSP, trade agreements under TFEU)
andsoft power (diplomacy, aid, strategic partnerships)
Why is EU external action diGerent from other areas of EU law?
External action = all EU actiosn towards the outside world
- Trade
- Development
- Enlargement/neighbourhood policy
- Humanitarian aid
- Common Foreign and security policy (CFSP)
External action is more political, flexible and sensitive, often requiring diplomatic
consensus
Internal EU Law External EU Action
Clear legal baes (TFEU) Mix of competences: some excluisve,
some shared
Uses ordinary legislative procedure Often uses special procedures
Strong role for parliament and court Limited parliament/court role in CFSP
Direct eGect often applies External acts rarely have direct eGect
Why is the CFSP diGerent from other areas of Eu external action?
= specal part of EU’s external action
, - Deliberately designed to work diGerently
o MS wanted to retain control over sensitive foreign policy decisions
Key features CFSP – art 24-46 TEU
Art 24 TEU
1. The Union's competence in matters of common foreign and security policy shall cover all areas
of foreign policy and all questions relating to the Union's security, including the progressive framing
of a common defence policy that might lead to a common defence.
The common foreign and security policy is subject to specific rules and procedures. It shall be defined
and implemented by the European Council and the Council acting unanimously, except where the
Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign
and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs
and Security Policy and by Member States, in accordance with the Treaties. The specific role of the
European Parliament and of the Commission in this area is defined by the Treaties. The Court of
Justice of the European Union shall not have jurisdiction with respect to these provisions, with the
exception of its jurisdiction to monitor compliance with Article 40 of this Treaty and to review the
legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on
the Functioning of the European Union.
2. Within the framework of the principles and objectives of its external action, the Union shall
conduct, define and implement a common foreign and security policy, based on the development of
mutual political solidarity among Member States, the identification of questions of general interest
and the achievement of an ever-increasing degree of convergence of Member States' actions.
3. The Member States shall support the Union's external and security policy actively and
unreservedly in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in
this area.
The Member States shall work together to enhance and develop their mutual political solidarity. They
shall refrain from any action which is contrary to the interests of the Union or likely to impair its
effectiveness as a cohesive force in international relations.
The Council and the High Representative shall ensure compliance with these principles.
- Guided by the European Council, but decisions often made by unanimity in the
Council of the EU
- EP only has consultative powers (no legislative power)
- Covers diplomacy, peacekeeping, sanctions and military operations (via CSDP)
- CJEU has limited jurisdiction in CFSP – art 275 TFEU
Contrast with other areas like trade or development:
- Trade (art 207 TFEU) = exclusive EU competence, with full legal procedures,
parliamentary input and court oversight
, - CFSP is intergovernmental, with no formal legisliatve acts, and less legal
enforceability
The Pillar Structure (before the Lisbon Treaty)
- How European Union was organized under Maastricht Treaty
- Lisbon Treaty merged those pillars into a single legal framework
1st pillar: European Communities (EC)
- European Community, EURATOM, ECSC
- Supranational
o Strong role for EU institutions
o QMV
o Court of Justice had full jurisdiction
- Internal market, customs union, agriculture, trade, environment, …
2nd pillar: CFSP
- Intergovernmental
o MS in charge
o Unanimity in Council
o EP & CJEU very limited say
- Diplomacy, foreign policy, security, defence
3th pillar: Police and Judicial Cooperation in Criminal Matters (PJCC/Justice and Home
AGairs)
- Initially fully intergovernmental, then partially “communitarised” in later treaties
- CJEU and Commission had limited role, increasing over time
- Cross-border police cooperation, extradition, criminal justice, …
- ! sensitive area: MS were protective of sovereignity
è MS wanted deeper integration in some areas, but keep control over foreign policy
Inhoudsopgave
The Foundations of EU external Relations ...................................................................................... 2
Theory ............................................................................................................................................ 2
Cases EC ........................................................................................................................................ 5
Cases ............................................................................................................................................17
Exclusivity and non-exclusivity..................................................................................................... 24
Theory ...........................................................................................................................................24
Cases ............................................................................................................................................41
Vertical Axis ................................................................................................................................ 49
Theory ...........................................................................................................................................49
Cases ............................................................................................................................................51
External representation and concluding international agreements (guest lecture).......................... 53
Theory ...........................................................................................................................................53
Cases ............................................................................................................................................66
The CFSP … and a bit of horizontal axis ......................................................................................... 73
Theory ...........................................................................................................................................73
Cases ............................................................................................................................................97
,The Foundations of EU external Relations
Theory
EU = more than an international organization = sui generis (unique) entity
- Diplomatic actor
- Development donor
- Trade bloc
- Crisis responder
Post-Lisbon: EU speaks externally with one voice but divided competences
Why EU is diGerent from other foreign policy actors?:
- Division of competences between EU and MS (= vertical axis)
- Foreign policy powers are fairly divided – supranational institutions and
intergovernmental ones
o Supranational: Commission and Parliament
o Intergovernmental: Council and European Council
- Combines hard law (sanctions under CDSP, trade agreements under TFEU)
andsoft power (diplomacy, aid, strategic partnerships)
Why is EU external action diGerent from other areas of EU law?
External action = all EU actiosn towards the outside world
- Trade
- Development
- Enlargement/neighbourhood policy
- Humanitarian aid
- Common Foreign and security policy (CFSP)
External action is more political, flexible and sensitive, often requiring diplomatic
consensus
Internal EU Law External EU Action
Clear legal baes (TFEU) Mix of competences: some excluisve,
some shared
Uses ordinary legislative procedure Often uses special procedures
Strong role for parliament and court Limited parliament/court role in CFSP
Direct eGect often applies External acts rarely have direct eGect
Why is the CFSP diGerent from other areas of Eu external action?
= specal part of EU’s external action
, - Deliberately designed to work diGerently
o MS wanted to retain control over sensitive foreign policy decisions
Key features CFSP – art 24-46 TEU
Art 24 TEU
1. The Union's competence in matters of common foreign and security policy shall cover all areas
of foreign policy and all questions relating to the Union's security, including the progressive framing
of a common defence policy that might lead to a common defence.
The common foreign and security policy is subject to specific rules and procedures. It shall be defined
and implemented by the European Council and the Council acting unanimously, except where the
Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign
and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs
and Security Policy and by Member States, in accordance with the Treaties. The specific role of the
European Parliament and of the Commission in this area is defined by the Treaties. The Court of
Justice of the European Union shall not have jurisdiction with respect to these provisions, with the
exception of its jurisdiction to monitor compliance with Article 40 of this Treaty and to review the
legality of certain decisions as provided for by the second paragraph of Article 275 of the Treaty on
the Functioning of the European Union.
2. Within the framework of the principles and objectives of its external action, the Union shall
conduct, define and implement a common foreign and security policy, based on the development of
mutual political solidarity among Member States, the identification of questions of general interest
and the achievement of an ever-increasing degree of convergence of Member States' actions.
3. The Member States shall support the Union's external and security policy actively and
unreservedly in a spirit of loyalty and mutual solidarity and shall comply with the Union's action in
this area.
The Member States shall work together to enhance and develop their mutual political solidarity. They
shall refrain from any action which is contrary to the interests of the Union or likely to impair its
effectiveness as a cohesive force in international relations.
The Council and the High Representative shall ensure compliance with these principles.
- Guided by the European Council, but decisions often made by unanimity in the
Council of the EU
- EP only has consultative powers (no legislative power)
- Covers diplomacy, peacekeeping, sanctions and military operations (via CSDP)
- CJEU has limited jurisdiction in CFSP – art 275 TFEU
Contrast with other areas like trade or development:
- Trade (art 207 TFEU) = exclusive EU competence, with full legal procedures,
parliamentary input and court oversight
, - CFSP is intergovernmental, with no formal legisliatve acts, and less legal
enforceability
The Pillar Structure (before the Lisbon Treaty)
- How European Union was organized under Maastricht Treaty
- Lisbon Treaty merged those pillars into a single legal framework
1st pillar: European Communities (EC)
- European Community, EURATOM, ECSC
- Supranational
o Strong role for EU institutions
o QMV
o Court of Justice had full jurisdiction
- Internal market, customs union, agriculture, trade, environment, …
2nd pillar: CFSP
- Intergovernmental
o MS in charge
o Unanimity in Council
o EP & CJEU very limited say
- Diplomacy, foreign policy, security, defence
3th pillar: Police and Judicial Cooperation in Criminal Matters (PJCC/Justice and Home
AGairs)
- Initially fully intergovernmental, then partially “communitarised” in later treaties
- CJEU and Commission had limited role, increasing over time
- Cross-border police cooperation, extradition, criminal justice, …
- ! sensitive area: MS were protective of sovereignity
è MS wanted deeper integration in some areas, but keep control over foreign policy
