The Integration of the European Community and Third States in Europe: A Legal Analysis

By Andrew H. Evans | Go to book overview

1
Introduction

From a legal perspective integration between the European Community1 and third states in Europe may be seen as depending on questions of the adaptability of law originating within the framework of the EC Treaty to the needs of such integration. These are questions 'that . . . hardly can be solved any longer on the basis of traditional distinctions of international, supranational and constitutional law'.2 For example, they have often been approached by the European Court of Justice on the basis of a constitutional-type definition of the 'external relations' powers of the Community. However, as a recent judgment3 suggests, consistent application of any such definition in the face of the demands made on Community law by growing international interdependence may be problematic.4

In the present book these questions are approached on the basis of an examination of the dynamics of integration law -- trade liberalization, harmonization of law and policy and institutional involvement in these processes. For the purposes of the examination, trade is treated as denoting economic activity generally rather than being limited to exchange of goods. For the same purposes, an analytical distinction is made between the terms of the relevant legal provisions and the legal requirements entailed by such provisions. While the former denote the formal meaning of the provisions concerned, the latter denote their operational meaning. It is the latter which determine the effective role of the law in integration.

In particular, it is trade liberalization requirements, as exemplified in the famous ' Cassis de Dijon' ruling of the European Court of Justice,5 which lie at the heart of the distinctive contribution made by the EC Treaty to integration between Member States. Hence, the embodiment of such requirements in agreements between the Community and third states may be critical as to

____________________
1
Since there is no legal provision for third states to conclude Association Agreements or Free Trade Agreements with the Union, their relations with the Union depend primarily on agreements concluded with the European Community -- the main 'pillar' of the Union -- under the EC Treaty.
2
T. Cottier, "Constitutional Trade Regulation in National and International Law: StructureSubstance Pairings in the EFTA Experience" in M. Hilf and E.-U. Petersmann (eds.), National Constitutions and International Economic Law ( Deventer 1993), 409-42, at 440.
3
Opinion 1/94 (Competence of the Community to conclude international agreements on services and the protection of international property) [ 1994] ECR I-5267.
4
See, regarding the inconsistencies in this judgment, J. H. J. Bourgeois, "The EC in the WTO and Advisory Opinion 1/94: An Echternach Procession" ( 1995) 32 CMLRev. 763-87.
5
Case 120/78 Rewe-Zentral AG v. Bundesmonopolverwaltungfiir Branntwein [ 1979] ECR 649.

-1-

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The Integration of the European Community and Third States in Europe: A Legal Analysis
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Abbreviations xvi
  • Tables xix
  • 1 - Introduction 1
  • Part 1 - Trade Liberalization and Other Requirements 9
  • 2 - Trade Liberalization Requirements 11
  • 3 - Requirements Other Than Those of Trade Liberalization 85
  • Part 2 - Harmonization 149
  • 4 - Administrative Harmonization: Competition Policy 151
  • 5 - Legislative Harmonization: the 'Four Freedoms' and Beyond 229
  • Part 3 - Institutional Involvement 267
  • 6 - Joint Decision-Making 269
  • 7 - Committee Work 320
  • 8 - Judicial Control 340
  • 9 - Conclusions 380
  • Bibliography 391
  • Index 411
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