A Companion to European Union Law and International Law

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law.

• Integrates the fields of European Union law and international law, revealing both the similarities and differences
• Features contributions from renowned scholars in the fields of EU law and international law
• Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

Contributors viii

Preface x

Abbreviations xii

Part I International Law and EU Law 1

1 Sui Generis? The European Union as an International Organization 3
Jan Klabbers

2 The Nature of International Law 16
Anna Södersten and Dennis Patterson

3 The Development of European Integration and EU Constitutional Reform 26
Michael Dougan

4 The Relationship between EU Law and International Law 42
Katja S. Ziegler

5 The Effect of EU Law 62
Anthony Arnull

Part II EU Political Institutions and Decision Making 81

6 EU Competences 83
Paul Craig

7 The Decision‐Making Process 95
Bruno de Witte

8 The European Union and Executive Power 109
Deirdre Curtin

9 New Modes of Governance 119
Mark Dawson

10 The European Union and Democracy 136
John Erik Fossum

Part III The Court 153

11 EU Procedural Law 155
Andrea Biondi and Ravi Mehta

12 The Court of Justice of the European Union as a Self‐Made Statesman 166
Loïc Azoulai and Zane Rasnača

13 The Preliminary Rulings Procedure 179
Allan Rosas

Part IV Economic Dimensions of the European Union 193

14 The Construction of the Internal Market 195
Catherine Barnard

15 The Free Movement of Goods 205
Miguel Poiares Maduro and Pedro Caro de Sousa

16 Freedom of Establishment 217
Frank S. Benyon

17 Free Movement of Capital 229
Sideek M. Seyad

18 The European Economic Constitution and its Transformation Through the Financial Crisis 242
Christian Joerges

19 European Private Law 262
Hans‐Wolfgang Micklitz

20 Consumer Protection 285
Stephen Weatherill

21 The Economic and Monetary Union 296
Roland Bieber

22 EU Competition Law in a Global Context 315
Giorgio Monti

23 EU State Aids Law 334
Piet Jan Slot

24 Statecraft, States, and the Regulation of Commerce 357
Ari Afilalo

Part V The European Union and the External World 371

25 EU External Relations and the Law 373
Marise Cremona

26 Common Foreign, Security, and Defense Policy 394
Ramses A. Wessel

27 EU Law and International Humanitarian Law 413
Marco Sassòli and Djemila Carron

28 Emergence of EU Maritime Law 427
Barış Soyer

Part VI Human Rights, Social Issues, and the Environment 439

29 International Human Rights Law 441
Martin Scheinin

30 The European Union and Human Rights 458
Sionaidh Douglas‐Scott

31 The European Union and Social Policy 479
Silvana Sciarra

32 EU Citizenship 491
Elspeth Guild

33 The International Law of Economic Migration 506
Joel P. Trachtman

34 EU Immigration and Asylum Law 519
Steve Peers

35 International Criminal Law 534
Roger S. Clark

36 EU Criminal Law 547
Valsamis Mitsilegas

37 EU Environmental Law 568
Maria Lee

Index 588

Table of Cases Alphabetical 598

Table of Cases Numerical 608

Dennis Patterson is Board of Governors Professor of Law and Philosophy, Rutgers University, New Jersey, USA. He is also Professor of Legal Philosophy at Surrey University Law School in Guildford, UK. He held the Chair in Legal Philosophy and Legal Theory at the European University Institute, Florence, Italy from 2009 - 2017. He has published widely in legal theory, commercial and trade law.

Anna Södersten is Senior Researcher in Law (PhD) at the Swedish Institute for European Policy Studies (SIEPS) in Stockholm, Sweden. She has previously taught at the Law Department at Uppsala University, served as research associate at the European University Institute (EUI) in Florence, and as associate editor of the International Journal of Constitutional Law.

The relationship between European Union (EU) law and international law is complex and challenging. First and foremost, it remains an open question whether the EU can be understood as an international organization or some form of state order. A Companion to European Union Law and International Law will be a critical tool for those seeking to untangle this complexity, presenting an authoritative collection of essays addressing a broad range of important contemporary topics in the field. Featuring contributions from leading international experts in the fields of EU and international law, this indispensable companion reveals both points of contact and critical differences. Seamlessly integrating the fields, these expert essays explore current jurisprudential debates in EU law and international law as they relate to such topics as: trade, the European Court of Justice, human rights, the EMU, the environment, criminal law and many more. Timely and thought-provoking, A Companion to European Union Law and International Law sheds important new light on our current understanding of the complex legal relationship between the EU law and international law—and the very nature and function of legal powers.