European Union Law And Defence Integration

This monograph examines the legal dimension of European defence integration from the Second World War to the Treaty Establishing a Constitution for Europe. It covers the evolution of European defence and security law in its legal,historical, and political context. The notion of defence law describes the entire field of rules created to regulate the defence of a nation or alliance. The analysis leads from the earliest mutual defence treaties to the failure of the European Defence Community and the eventual separation of defence from the mainstream of European integration in the 1950s, further to the re-vitalisation of a European security policy in the Treaties of Maastricht, Amsterdam, and Nice. In the context of this evolutionary process, the book examines the function of Community Law as an instrument of European defence integration. Community law affects the economic and social aspects of the defence within the limits of the security exemptions of the EC Treaty. It has an impact on the composition of the armed forces, the procurement of armaments, or the regulation of the defence industries. The book concludes with an analysis of the Common Security and Defence Policy of the Constitutional Treaty agreed by the European Council in 2004. The discussion shows that European defence integration is characterised by fragmentation in an area where coherence is particularly important. First, defence and security are addressed in several organisations: the EU, the Western European Union, NATO, the Organisation for Security and Cooperation in Europe, and the Organisation for Joint Armaments Cooperation. Second, defence and security are addressed in both the supranational Community Pillar and the intergovernmental Second Pillar of the Treaty on European Union. The new Constitutional Treaty aims to overcome the three-Pillar structure of the Union. Nevertheless, it leaves the intergovernmental character of the security and defence policy intact and introduces flexible frameworks for its mutual defence, crisis management, and armaments components. However, the Union needs a coherent defence policy to ensure her security and to speak with one voice on the international scene.

In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU’s military crisis management operations.

In recent years the European Union has enjoyed a significant increase in its profile at both national and international levels. This book explains how the legal rules which underpin the process of integration in the European Union have been shaped in order to give effect to the Union's objectives. It is accordingly suitable as an introductory text designed to expose the reader to the basic constitutional and substantive principles of European Union law. Union law exerts an increasingly profound impact on domestic law and this book will equip a lawyer unfamiliar with the principles of Union law with an awareness of when and why Union law is of relevance in domestic litigation. The evolution of Union law continues apace. Increasingly its law has developed as an instrument of market integration and of market regulation. However recent years have witnessed controversy concerning the appropriate allocation of responsibilities between the Union's own institutions and national authorities. This book provides a fully up-to-date assessment of the changing shape of the European Union and its legal structure.

Filling a surprising gap in existing studies, this book addresses many of the unanswered questions surrounding the role of european integration in shaping national defence policy. The impressive array of contributors consider the pressures on state policy emanating from the process of integration. The book is divided into three distinct parts: * an outline of the tortuous history of attempts to link defence with European integration * a study of the four larger member states - France, Germany, Italy and the UK as well as a chapter on The Netherlands; * an analysis of the effects of the nuclear weapons and arms procurement policies. This, the second book in The State and the European Union series, sheds light on an increasingly important and topical aspect of contemporary European security and will be essential reading for those studying European Politics, Public Policy and International Relations.

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

This volume explores the involvement of the European Union in the exercise of core state powers such as foreign and defense policy, public finance, public administration, and the maintenance of law and order.

Master's Thesis from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 7 / 9, Maastricht University (Law), language: English, abstract: This research undertakes a comparative analysis of the constitutional limitations and freedoms of France and Germany in regard to the establishment of the European Security and Defence Union. Integration in a sensitive policy-field will certainly lead to political debates, but where are the limits of national constitutions to this process? Which constitutional legal conditions are imposed when the conferral of substantive competences that touch the structural sovereignty of a state to the Union is required? What are the differences and similarities in the national constitutions of Germany and France for the conferral of powers to the Union? Allowing to explore these and other questions, the constitutional law is analysed and in a subsequent discussion, the findings of the analysis is assessed to identify provisions restricting or facilitating further integration. These crucial provisions are evaluated and a potential path for overcoming the restricting laws is deduced. France and Germany have different constitutional provisions and requirements, which allow for the establishment of a common European Security and Defence Union. Both constitutions also set high hurdles for the conferral of sovereign powers to the Union and limit the abilities of a common Defence policy. Seen against this background, the conclusion of international agreements appears to be first steps of an incremental approach to reach a common policy. The most promising avenue for future research could be the employment of comparative legal research methodology applied to multiple legislations in order to check for their mutual compatibility in certain policy areas. This approach allows for the identification of likely expectations of future development in this policy area.

This book explains the creation of the European Union's Security and Defence Policy - to this day the most ambitious project of peacetime military integration. Mérand explores the complex relations between the state, the military, and citizenship in today's Europe.

Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.