The Intergovernmental Pillars of the European Union
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 October 2002
- ISBN 9780198299356
- Binding Hardback
- No. of pages424 pages
- Size 242x162x27 mm
- Weight 730 g
- Language English 0
Categories
Short description:
The increasingly sophisticated constitution of the European Union takes account of the fact that different areas of law and policy need to be tackled in different ways - some can be the subject of centralized decision-making, whilst others can only be dealt with at the intergovernmental level. This reality is represented in the European Union's three pillar structure. The best known pillar is the most centralized one - the EC. There are however two intergovernmental pillars - dealing with the common foreign and security policy and cooperation in justice and home affairs - which are becoming increasingly important. In this ground breaking examination of the public international law and Community methods used within the European Union, the author argues that the intergovernmental pillars have created possibilities for cooperation in areas where it would previously have been unthinkable.
MoreLong description:
The Three-Pillars System of the European Union was intended to give flexibility to, and ultimately to extend, the area over which the EU could exert its influence. The Second and Third Pillars reflect a different level of integration and centralization, with the result that the Union can have input into the more politically sensitive and legally complex areas.
The most well-documented pillar is the European Communities Pillar, where Community legislation takes place, and Community methods, rather than intergovernmental methods, prevail. However, it is argued that the two intergovernmental pillars - the common Foreign and Security Policy, and Cooperation in Justice and Home Affairs - make an important contribution to the increasing legal sophistication of the Unions constitution. The former has enabled the European Union to assert its own identity without compromising the sovereignty of the Member States, whilst the latter can be seen as a half-way house for subjects too sensitive for immediate integration into the Community Legal Order.
This analytical examination of the combination of public international law methods and Community methods at work in Europe is essential reading for all those with an interest in the future development of the European Union.
... provides an analytical examination of the combination of public international law methods and Community methods at work in Europe ... will interest scholars, students and practitioners engaged in international law and the future development of the European Union.
Table of Contents:
Introduction: The Pillars of the Temple
Two Legal Orders: Distinguishing Features of the Intergovernmental Pillars
Evolution of European Political Cooperation and Formation of the Second Pillar
Evolution of Cooperation in Justice and Home Affairs and Formation of the Third Pillar
CFSP Achievements and Weaknesses
The Second Pillar under the Treaty of Amsterdam
Achievements and Weaknesses of Justice and Home Affairs Cooperation
The Residual Third Pillar under the Treaty of Amsterdam
Cross-Pillar Action: The Struggle for Consistency
Judicial Control of the Pillars
Parliamentary Control of the Pillars
Security and Defence Policy
