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Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union
Aarhus University, Denmark.ORCID iD: 0000-0002-8911-0817
2018 (English)In: The Court of Justice of the European Union: Multidisciplinary Perspectives / [ed] Mattias Derlén, Johan Lindholm, Oxford: Hart Publishing Ltd, 2018, p. 53-77Chapter in book (Refereed)
Abstract [en]

The Court is a curious judicial actor in EU external relations that continues to evolve with the passage of time. Whether it was the creation of the ERTA doctrine, or the more recent Opinion 2/13 on Accession of the Union to the European Convention on Human Rights in 2014, the Court has been incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available to certain actors for envisaged international agreements through Article 218(11) TFEU, is deserving of more attention to better understand the manner in which the Court has, does, and will continue to shape the external dimension of the Union through international agreements. Faced with difficult choices in many cases, and being forced to wade into institutional debates over competence and the autonomy of the Union’s legal order, this chapter underlines the important role that the Court has played in external relations prior to international agreements being entered into, and seeks to carve out a formula for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order. 

Place, publisher, year, edition, pages
Oxford: Hart Publishing Ltd, 2018. p. 53-77
Series
Swedish Studies in European Law
National Category
Law Law (excluding Law and Society) Other Legal Research Criminology
Research subject
Law
Identifiers
URN: urn:nbn:se:lnu:diva-133952DOI: 10.5040/9781509919116.ch-004ISBN: 9781509919086 (print)ISBN: 9781509938278 (print)ISBN: 9781509919093 (electronic)ISBN: 9781509919109 (electronic)ISBN: 9781509919116 (electronic)OAI: oai:DiVA.org:lnu-133952DiVA, id: diva2:1920993
Available from: 2024-12-12 Created: 2024-12-12 Last updated: 2025-02-20Bibliographically approved

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Butler, Graham

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CiteExportLink to record
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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
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