Abstract
The final chapter draws together the main threads from the preceding analyses, and reflects on the substantive evolution of the policies in the different layers across time and space. It first paints a picture of the gestation period of the legal rules, which has resulted in a polychrome set of norms that displays substantial internal coherence nowadays. This dynamic is subsequently contrasted with the political realities, whereby some structural tensions between the institutions, between the Union and its Member States, as well as between the EU and its international partners are highlighted. Hereafter, hypothesising that the sub-optimal performance of the Union may be ascribed to the sub-optimal design of the legal framework, a brief inquiry is made into possible modifications that could increase the Union’s overall efficacy. While taking note of the deficiencies that are likely to continue to haunt its activities, the chapter concludes by underscoring the favourable results that have been achieved in the various capacities in which the EU has manifested itself in the world-at-large.
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Notes
- 1.
Case C-91/05, Commission v Council (ECOWAS).
- 2.
In the present volume, this subject has not received detailed discussion; for a comprehensive study, see Cremona et al. (2011). In the post-Lisbon era, the external aspects of the JHA would have to be located in the middle layers, alongside e.g. the EEP and EHRP. The same goes for external aspects of transport and social policy.
- 3.
Notwithstanding the insertion into the Treaties of several red lines and safeguard clauses.
- 4.
See Chap. 6.
- 5.
This innovation does not, however, bring to a complete end the competition known to exist between (civil servants in) the various Commission DGs (e.g. Trade, EuropeAid Development and Cooperation, Enlargement).
- 6.
As pointed out already at an early stage by Wouters (2004).
- 7.
See Chap. 2.
- 8.
See Chap. 4.
- 9.
Save for the policies in Title V TEU, which still keep the Parliament at the periphery of decision-making.
- 10.
Cynics may then opt for aligning the legal world with the political reality.
- 11.
See Chap. 3.
- 12.
But cf. SchĂĽtze (2009).
- 13.
See Chap. 8.
- 14.
- 15.
The following distinction is derived from Cremona (2004).
- 16.
Albeit not in an incontestable way: see Chap. 6.
References
Cremona M (2004) The union as a global actor: roles, models and identity. Common Market Law Rev 41:553–573
Cremona M, Monar J, Poli S (eds) (2011) The external dimension of the area of freedom, security and justice. Peter Lang, Brussels
SchĂĽtze R (2009) From dual to cooperative federalism: the changing structure of European law. Oxford University Press, Oxford
Wouters J (2004) The union minister for foreign affairs: Europe’s single voice or Trojan horse? In: de Zwaan JW, Jans JH, Nelissen FA (eds) The European union: an ongoing process of integration. T.M.C. Asser Press, The Hague, pp 77–86
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de Waele, H. (2011). Conclusion: An Effective Global Player?. In: Layered Global Player. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-20751-8_10
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DOI: https://doi.org/10.1007/978-3-642-20751-8_10
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