2013年-CEPS欧洲政策研究中心_Principles_and_Practices_of_EU_External_Representation_146页_1mb

CLEER Summary

Overview

The Centre for the Law of EU External Relations (CLEER), established in 2008, is a pioneering research institution that bridges academia and practice in the field of EU external relations. Hosted by the T.M.C. Asser Institute in The Hague, Netherlands, CLEER focuses on enhancing the EU's global stability and prosperity through in-depth legal research and a broad pan-European network of partner institutes and experts.

Goals

CLEER's primary objectives are:

• To conduct cutting-edge research that provides solutions to the challenges facing the EU in the international arena.
• To uphold high standards of academic excellence and maintain complete independence in its research.
• To serve as a forum for discussion among all stakeholders in the EU's external policy process.
• To foster a collaborative network of researchers and practitioners across Europe.
• To disseminate findings and views through regular publications and public events.

Assets

Key strengths of CLEER include:

• Complete independence: CLEER is free to set its own research priorities without external influence.
• Extensive network: It collaborates with a growing number of research institutes and individual experts across Europe, enhancing its reach and providing practical insights.

Research Programme

CLEER's research primarily focuses on the EU's role in global stability and prosperity, with an emphasis on the following cross-cutting issues:

• The fight against illegal immigration and crime.
• Protection and promotion of economic and financial interests.
• Environmental, climate, and energy protection.
• The EU's ability to provide military security.

The research also explores the legal nature and scope of the European External Action Service (EEAS), as well as the mechanisms through which the EU participates in international organizations such as the United Nations.

Network and Collaboration

CLEER's research is conducted through:

• Its own in-house research programme at the T.M.C. Asser Institute.
• A collaborative network involving Dutch universities and other reputable European institutes and specialists.

Activities and Funding

CLEER organizes various activities and special events, involving its members, partners, and stakeholders at national, EU, and international levels. It is funded through multiple sources, including:

• The T.M.C. Asser Institute.
• Project research.
• Foundation grants.
• Conference fees.
• Publication sales.
• Grants from the European Commission.

Key Contributions

The working paper "Principles and Practices of EU External Representation" includes several contributions from leading scholars and researchers:

1. The Principle of Loyal Co-operation

Federico Casolari examines the principle of loyal co-operation (also known as the duty of sincere co-operation), which is enshrined in Article 4(3) of the Treaty on European Union (TEU). This principle is seen as a key element in ensuring the unity and effectiveness of the EU's external representation. Casolari highlights that the principle is not only linked to the EU's internal legal order but also plays a role in the Union's external actions. He argues that the principle is a 'master key' for more effective representation in international fora, and that its application in the context of the Lisbon Treaty has enhanced its role in promoting EU values and interests globally.

2. The Role of the Court of Justice

Peter Van Elsuwege and Hans Merket analyze how the principle of consistency, introduced by the Lisbon Treaty, has strengthened the Court of Justice's authority and the principle of sincere co-operation. They argue that these principles help mitigate the negative effects of the vertical and horizontal division of competences on the effectiveness of EU external action.

3. EU External Representation in the G20

Jan Wouters, Sven Van Kerckhoven, and Jed Odermatt explore the EU's unique role in the G20, as the only non-state member. They discuss how the EU's presence in the G20 amplifies the voices of its member states and the implications of this dual representation on the EU's decision-making process and legal order.

4. EU Accession to the ECHR

Christina Eckes addresses the EU's accession to the European Convention on Human Rights (ECHR). She examines the EU's position as a 'primus inter pares' member and the legal implications of this status, including the EU's potential to be a co-respondent in cases before the European Court of Human Rights (ECtHR).

5. EU Representation in the International Law Commission

Scarlett McArdle and Paul James Cardwell analyze the EU's role in the International Law Commission (ILC), highlighting the EU's evolving role in international law. They argue that the EU is beginning to assert a distinct identity and role in areas of international law, such as the responsibility of international organizations.

Principles and Practices

The paper also delves into the broader implications of the EU's external representation, including:

• The establishment of a formal EU presence through its delegations.
• The delivery of statements in multilateral fora.
• The political representation of the EU through visits and missions by top officials.
• The role of delegations as 'EU embassies' in gathering information.
• The EU's diplomatic protection of its citizens.

Conclusion

This working paper offers a focused analysis of selected legal aspects of the EU's external representation, providing new insights into the evolving field of EU external relations law. It does not claim to be exhaustive but aims to highlight the key legal principles and practices that are shaping the EU's role in the international system. The research is part of the LISBOAN Workshop, which aimed to explore the EU's external representation and the reform of international contexts following the Lisbon Treaty.

Contributors

• Steven Blockmans (CEPS/University of Leuven)
• Ramses A. Wessel (University of Twente)
• Federico Casolari (University of Bologna)
• Peter Van Elsuwege (Ghent University)
• Hans Merket (Ghent University)
• Bart Van Vooren (University of Copenhagen)
• Scarlett McArdle (University of Sheffield)
• Paul James Cardwell (University of Sheffield)
• Christina Eckes (University of Amsterdam)
• Jan Wouters (University of Leuven)
• Sven Van Kerckhoven (University of Leuven)
• Jed Odermatt (University of Leuven)

Editorial Information

• Editor-in-Chief/Academic Coordinator: Dr. Tamara Takács (T.M.C. Asser Institute)
• ISSN: 1878-9587 (print), 1878-9595 (online)
• Publisher: T.M.C. Asser Institute, The Hague, Netherlands
• Website: www.cleer.eu