Masterarbeit, 2011
60 Seiten
Jura - Europarecht, Völkerrecht, Internationales Privatrecht
This dissertation examines horizontal consistency within the European Union's external action. The main objective is to analyze the concept of consistency in EU law, differentiating between horizontal and vertical consistency, and exploring its application within the evolving framework of the EU's external relations. The study traces the development of the EU's external action, focusing on the impact of the Treaty of Lisbon.
Introduction: This introductory chapter sets the stage for the dissertation, providing a concise overview of the topic and outlining the research questions and methodology employed in the study. It briefly introduces the concept of consistency in EU law and its relevance to the EU's external action, foreshadowing the detailed analysis that will unfold in subsequent chapters. The chapter frames the significance of the research, highlighting its contribution to understanding the complex legal and political dynamics of the EU's external relations.
The Concept of Consistency: This chapter delves into the multifaceted understanding of consistency within the EU legal framework. It meticulously defines consistency as a legal obligation, exploring its various interpretations and implications for EU law. A crucial aspect of this chapter is the distinction between horizontal and vertical consistency, laying the groundwork for understanding the nuances of consistency in the context of the EU's external action. The analysis utilizes case law and scholarly literature to clarify the concept and its applications.
Consistency and the Development of the European Union's External Action: This chapter meticulously traces the historical evolution of the EU's external action policies. It begins with an examination of external action before the Treaty of Lisbon, covering early forms of cooperation, the impact of the Maastricht Treaty, and the complexities of competence delineation between different pillars of the EU system. It then shifts to the post-Lisbon era, analyzing the institutional changes and their impact on consistency. The chapter also examines the ‘unity thesis,’ exploring the relationship between EC and EU legal orders in the context of external relations.
Consistency in practice: Overlapping External Competences: This chapter analyzes practical instances where overlapping external competences pose challenges to achieving consistency in the EU's external action. By examining specific examples, it illustrates how the coexistence of different actors and policies can lead to inconsistencies and conflicts. The discussion likely explores mechanisms designed to mitigate these challenges and promote a more coherent approach to external relations. This is a crucial section for understanding the real-world implications of the theoretical framework established in previous chapters.
The Duty of Consistency in EU External Action: This chapter examines the legal and practical aspects of the duty of consistency in EU external action. It specifically addresses inter-institutional consistency and inter-policy consistency. The chapter likely delves into the roles of different institutions (e.g., the European Parliament, Council, Commission) in ensuring a consistent approach to external relations and analyzes how different policies (e.g., trade, security, development) can be harmonized to avoid contradictions and inconsistencies. The discussion possibly explores the effectiveness of current mechanisms and suggests potential improvements for future practice.
European Union, external action, consistency, horizontal consistency, vertical consistency, Treaty of Lisbon, Common Foreign and Security Policy (CFSP), inter-institutional consistency, inter-policy consistency, overlapping competences, EU law.
This preview provides a comprehensive overview of a dissertation examining horizontal consistency within the European Union's external action. It focuses on analyzing the concept of consistency in EU law, differentiating between horizontal and vertical consistency, and exploring its application within the EU's evolving external relations framework.
The key themes include: the concept of consistency in EU law and its multi-layered nature; the distinction between horizontal and vertical consistency in EU external action; the evolution of EU external action policies, especially the impact of the Treaty of Lisbon; analysis of practical challenges to consistency due to overlapping external competences; and the duty of consistency in EU external action, encompassing inter-institutional and inter-policy aspects.
The preview outlines the dissertation's structure, including an introduction, chapters on the concept of consistency, the development of the EU's external action (pre- and post-Lisbon Treaty), consistency challenges from overlapping competences, the duty of consistency in EU external action (inter-institutional and inter-policy), and a conclusion. Each chapter summary offers a brief overview of its content.
The preview highlights the distinction between horizontal and vertical consistency as a core element of the analysis. While the specific definitions are not explicitly provided in the summary, the importance of understanding this distinction for interpreting consistency in EU external action is emphasized.
The preview emphasizes the significant impact of the Treaty of Lisbon on the EU's external action and its implications for consistency. It promises a detailed analysis of the institutional changes brought about by the treaty and their effect on the unity of the EU legal order in external relations.
The dissertation addresses the practical challenges to achieving consistency arising from overlapping external competences. The preview suggests that the study will analyze specific examples illustrating how different actors and policies can create inconsistencies and conflicts, exploring mechanisms designed to address these challenges.
The "duty of consistency" is explored in terms of inter-institutional consistency (coordination between EU institutions) and inter-policy consistency (harmonization across different policy areas like trade, security, and development) to ensure a coherent approach to external relations.
Keywords include: European Union, external action, consistency, horizontal consistency, vertical consistency, Treaty of Lisbon, Common Foreign and Security Policy (CFSP), inter-institutional consistency, inter-policy consistency, overlapping competences, and EU law.
The main objective is to analyze the concept of consistency in EU law within the context of the EU's external action, tracing its development and exploring the challenges to achieving consistency in practice. The study aims to contribute to a deeper understanding of the complex legal and political dynamics of the EU's external relations.
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