Marise Cremona

• Professor Emeritus at European University Institute

This Special Section is one of the fruits of a research project designed to reflect on the potential offered to legal scholars by the archives of the Court of Justice of the European Union (CJEU).

This paper explores aspects of Opinion 1/17, handed down by the Court of Justice on 30 April 2019, as an example of the specific procedure of Article 218(11) TFEU and the Court’s evolving practice. The prior Opinion procedure serves to prevent the complications that would arise, both internally and externally, if an international treaty were conclu...

The Introduction to this book introduces the concept of the extraterritorial or global reach of EU law, encompassing the extraterritorial application of EU law, territorial extension and the so-called ‘Brussels Effect’ through unilateral, bilateral and multilateral legal instruments, and explores its significance for the EU’s external relations and...

This paper raises some questions about the possible impact of the UK leaving the European Union on the career pathways of mobile and internationally oriented PhD graduates interested in an academic career in law, with particular reference to the specific case of the European University Institute (EUI). It first addresses some of the reasons for the...

Cambridge Core - European Law - The UK after Brexit - edited by Michael Dougan

The ‘unity dogma’ has long characterised European law discourse. In many of its landmark judgments, the European Court of Justice had recourse to the ‘unity argument’ – such as in Costa vs. E.N.E.L., where the Court rightly stated that ‘the executive force of Community law cannot vary from one state to another … without jeopardising the attainment...

Shaping EU Trade Policy post-Lisbon: Opinion 2/15 of 16 May 2017 - Marise Cremona

In this collection of essays, which were first presented at the Academy of European Law in Florence, we bring together a series of contributions which explore the changing landscape of the EU’s legal acts, and the boundaries between legal acts and acts and processes which may create norms but which do not create ‘law’ in the traditional sense. We b...

This paper assesses the development of the EU’s Common Commercial Policy (CCP) since the coming into force of the Lisbon Treaty. It argues that we have witnessed a “quiet revolution” in EU trade policy. Three major changes are identified. First, the extension of the CCP to include trade in services, the commercial aspects of intellectual property a...

This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader c...

The nature of the Treaty provisions on EU external action, with a set of open-ended policy objectives and fewer policy-directed legal obligations on the Member States, has left much to the agenda-setting of the political institutions. The Court of Justice emphasises the need for the institutions to retain their discretion, their room for manoeuvre;...

This chapter examines the role of law in European Union (EU) external relations from two perspectives. First, it examines the EU as a rule-based (international) actor Law and focuses mainly on EU law- governs both the extent of the European Union's external powers and their exercise, the constitutional foundations of EU external relations and the l...

Objective of the conference The College of Europe and the European University Institute are sister institutions; we work in postgraduate and post-doctorate education, with a specific mandate 'to foster the advancement of learning in fields which are of particular interest for the development of Europe, especially its culture, history, law, economic...

ASEAN is coming of age as an international actor and international treaty-maker. To date, more than two hundred external agreements and other instruments have been concluded in the name of ASEAN. This book provides the first systematic account of the legal framework governing ASEAN's burgeoning external relations practice. It focuses in depth on AS...

In case C-533/08 TNT Express, the Court of Justice interpreted Article 71 of Regulation 44/2001 (the Brussels Regulation) which provides that the Regulation ‘shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments’. The Co...

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of EU external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court’s judicial reasoning and the e...

The High Representative of the European External Action Service (EEAS) is held to provide a review of the organisation and functioning of the EEAS by mid-2013. This short and user-friendly legal commentary on the 2010 Council Decision establishing the organisation and functioning of the EEAS is the first of its kind. It is intended to inform those...

The Common Commercial Policy, while asserting liberalization as a primary objective, has no corresponding explicit regulatory dimension. Nevertheless, the uniform principles which it mandates, together with powers derived from the internal market provisions, have provided a basis for developing an external regulatory policy through both autonomous...

The enlargement of the EU has highlighted the challenges of compliance, but it has also helped to suggest new compliance methodologies. The combination of methodologies used by the EU and the differing levels of enforcement available are characteristic of the EU's compliance system, permitting the remarkable reach and penetration of EU norms into n...

The Treaty of Lisbon is essentially an amending treaty; it amended the Treaty on European Union and the EC Treaty. The amendments have been significant, but we do not see, as the Constitutional Treaty proposed, a complete replacement of the previous treaties with a new legal instrument. Instead we have the impression of incremental change. This dec...

This collection of chapters reflects on the fifth enlargement of the European Union, projected to take place in 2004. It examines the process of enlargement, its impact on both the candidate States and on the institutions and policies of the European Union. In so doing, it discusses these issues from a variety of perspectives - legal, economic, and...

In a period when the nature and scope of the European internal market is hotly contested, this book offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship be...

The EU's policy on Justice and Home Affairs has as its objective the establishment of the Union as 'an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States'. How does this essentially internal objective translate into international action? How does the Union re...

Since its creation, European Union (hereinafter: ‘the EU’) has experienced various enlargements. In 1973, Denmark, Ireland and the United Kingdom joined the EU. Greece became a Member in 1981 and was followed by Spain and Portugal in 1986. Austria, Finland and Sweden accessed the EU in 1995. In 2004, ten Central and Eastern European Countries (here...

In Opinion 1/2008 on agreements amending the EC schedules of commitments under the GATS, the Court of Justice interpreted the "Nice version" of art. 133 EC and, in particular the special provision in art. 133(6) for joint EC and Member State participation in commercial policy agreements relating to certain service sectors. This contribution analyse...

The European Community currently has 24 regional trade agreements (RTAs) in force, a further eight agreed but not yet in force and eleven under negotiation.1 Many of these agreements are with regional groupings of countries and so the number of countries covered by EC RTAs is already considerable and likely to grow.2 They range from customs union a...

The aim of this paper is the study of the enhanced cooperation mechanism in the framework of the Lisbon Treaty as it applies to the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) of the EU. The concept of enhanced cooperation was introduced into the EU Treaty structure by the Treaty of Amsterdam, althoug...

This paper discusses the legal effects of a seemingly paradoxical situation: an international agreement falls at least in part within the exclusive competence of the Community, and yet the Member States are parties to the agreement and the Community is not. This situation, while not common, is not as unusual as we might imagine. It may occur for se...

The Court of Justice has held that a Member State is in breach of its EC Treaty obligations by submitting a proposal to the International Maritime Organisation for monitoring compliance with international rules that have been incorporated into Community legislation. The Court thereby extends the scope of its AETR ruling (Commission v Council (22/70...

External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas. The opening chapters analyse the legal...

This collection of essays comprehensively and systematically analyzes the various instruments and innovative approaches through which the EU is forging its external environmental policy, the legal implications of its multifaceted practice and interactions with international environmental law. It explains the legal and institutional framework for EU...

Introduction: The Laeken Declaration The Treaty establishing a Constitution for Europe signed in October 2004 proposed important substantive and institutional changes to the European Union's system of external relations, and the Treaty of Lisbon (TL) signed in December 2007 largely implements these changes in its amendments of the Treaty on Europea...

Since the Conclusions of the European Council on the Area of Freedom, Security and Justice (AFSJ) at Tampere in 1999 the Union has recognised the significance of the external dimension to this policy field, and over the last decade the Union’s activity in this field has both intensified and broadened to include not only migration, border management...

This chapter explores some of the aspects of the European Neighbourhood Policy (ENP) and, in particular, the relationship between the ENP's objectives and its instruments and methodology. It begins by introducing the ENP as a policy, outlining its history and questioning in what way it is European, and a policy directed at (or for) the EU's neighbo...

This Working Paper offers a selection of the papers which were presented during the Workshop on The European Neighbourhood Policy – A Framework for Modernisation?, which was held on 1-2 December 2006 at the European University Institute of Florence under the auspices of the Academy of European Law. In particular, this Working Paper intends to explo...

This paper pursues two objectives, one theoretical the other empirical. First, by keeping separate two grand strands in the EU studies literature, one on the design and reform of EU institutions and the other on the EU’s ‘democratic deficit’, EU scholars are foreclosing the opportunity to address a hitherto unanswered question: When and under what...

The external policies of the European Union may be viewed as the outcome of the interaction between the Member States, the European Community (acting in the context of the ‘first pillar’) and the European Union (acting on the basis of the second and third pillars). This tripartite interaction, which involves a large number of actors operating withi...

This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l'Europe à la lumière des travaux préparatoires et perspectives d' avenir, edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Trea...

The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet Eeckhout, which is reproduced as an Annex. It seeks to do two things: first, to respond to the questions and issues raised by the Ge...

This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l’Europe à la lumière des travaux préparatoires et perspectives d’ avenir edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Treat...

Community agreements with third countries frequently contain provisions on State aids. These provisions are designed to achieve a range of different objectives, related both to developing trade between the contracting parties and to economic and legal/regulatory development within the partner State. This paper takes a particular model of State aid...

All prospective EU Member States have existing external policies that are likely to be affected by European Union membership. The increased level of EC and EU activity over the last decade, as well as developments in the nature of that activity, means that the effects on existing policies of new Members in the fifth enlargement are likely to be mor...

It is of course by no means certain that the Treaty of Nice will be ratified and that we will face the most radical revision to the EC Treaty provisions on the Common Commercial Policy (CCP) since its inception in 1957. Unlike most other proposed changes, however, this revision was foreshadowed in substance if not in detail by the Treaty of Amsterd...

“The European Union continues to be strongly committed to the stabilisation and development of South-Eastern Europe. The Union’s strategy is to draw the countries of the region closer to the prospect of European integration.” This confident statement opens the joint Report on EU action in support of the Stability Pact and South-Eastern Europe (SEE)...

The European Internal Market and International Trade: A Legal Analysis by Piet Eeckhout, Oxford: Clarendon Press, 1994, xxxv + 373 + (bibliography and index) 26 pp (hardback £50.00). - Volume 15 Issue 1 - Marise Cremona

In this paper I ask to what extent can the flexibility and differentiated integration that we are seeing emerge as a characteristic of the constitution of the European Union be applied to the EC’s external relationships? I provide a starting point, an outline of a framework to analyse the operation of ‘flexibility’ and ‘differentiation’ in the cont...

EN: Utility and flexibility in the future of European Union: the challenge of enhanced cooperation. Pp. 73-86