The European Union and Member State Territories: A New Legal Framework Under the EU Treaties

ISBN-13: 9789067048255 / Angielski / Twarda / 2012 / 308 str.

Fiona Murray

Opis

The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.

Recenzje

From the reviews:
"Clearly written, impeccably researched, accessible, and with a wealth of examples and informed analysis, the book should be essential reading for anyone (scholars, policy-makers and practitioners) wishing to understand this rather convoluted area of EU law. It is particularly recommended to EU policy-makers and national civil servants who are involved in the day-to-day application of EU law in Member State territories and who may be the ones that will one day initiate a reform process along the lines proposed in this book." (Alina Tryfonidou, Common Market Law Review, Vol. 49 (6), 2012)

Spis treści

General introduction.- General introduction to original Art 227 TEC.- Art 227(1): territorial scope of the TEC.- Art 227(2): Algeria, French DOMs.- Art 227(3): Overseas Countries and Territories (OCTs).- Art 227(4) – European Member State Territories for whose external relations a Member State is responsible.- General introduction to Art 299 TEC.- Art 299(1): territorial Scope of the TEC (as compared with 1957 version).- Article 299 (2): the Outermost Regions.- Article 299 (3): Overseas Countries and Territories.- Article 299(4): European Member State territories for whose external relations a Member State is responsible – Gibraltar.- Art 299 (5): Aland Islands.- Art 299 (6): Faroe Islands, SBAs in Cyprus, Channel Islands and Isle of Man.- Summary of main changes to Article 299 TEC since 1957.- Adequacy of Article 299 as a legal framework for EU/Member State territories relations.- The Lisbon Treaty and the European Constitution on Article 299: a comparison.- Proposed new model EU Treaties framework for relations between the EU and Member State Territories.

Blurb

The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments.

A useful book for EU Law departments and research centres, EU think tanks, EU institutions libraries, Permanent Representatives to the EU and law firms specializing in EU law.