La loyauté dans l'interprétation des accords internationaux

in Delile, Jean Felix (Ed.) La loyauté dans l'action extérieure de l'Union européenne (2022)

Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg

in Wessel, Ramses; Butler, Graham (Eds.) EU External Relations Law: The Cases in Context (2022)

L’Union européenne de la santé : perspectives d’action extérieure

in Revue des Affaires Européennes (2021)

The European Union’s role in international health issues is of particular importance in the context of the Covid-19 pandemic. The Union aims to strengthen global health policy, in order to build a ... [more ▼]

The European Union’s role in international health issues is of particular importance in the context of the Covid-19 pandemic. The Union aims to strengthen global health policy, in order to build a European Health Union and consolidate its role in the international scene. Article 168 TFEU enables the Union to collaborate with international organisations and partner countries and to participate in the WHO governing bodies despite the absence of full party status. The alignment of internal policies with the objective of protection and improvement of human health gives the Union the implied external competence to participate in international agreements and envisage its active role in the elaboration of an international pandemic treaty. Besides, the Union has recourse to international trade measures in order to preserve the level of human health protection. The global approach of its external action objectives enables the Union to promote human health protection as a value in the conduct of its external policies and to support partner countries in their response to health threats. The Union gradually becomes a unified actor in global health security preparedness and response capacity. [less ▲]

Chronique européenne Principes du droit administratif européen

in Revue Française d'Administration Publique (2021)

Article 47 of the Charter in the Opinion procedure

in European Papers (2021)

This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an ... [more ▼]

This paper affirms that external relations are outside the scope of Article 47 of the Charter. This does not however mean that the principle of judicial protection and the right of access to an independent tribunal have only an internal EU law dimension. In Opinion 1/17, The Court of Justice could assess the CETA’s compatibility with the right of access to an independent tribunal without having recourse to Article 47 of the Charter, on the ground either of the principle of autonomy or of the compatibility with the substantive provisions of the common commercial policy. This paper argues that while judicial protection as part of the autonomy claim could meet some conceptual limits, promoting judicial protection as part of the common commercial policy could reinforce the perception that the Union is a credible and influential actor in international trade and in international procedural law. [less ▲]

Permanent investment courts and the EU legal order

in European Yearbook of International Economic Law (2020)

In the external action of the Union, the establishment of permanent investment courts is not only part of the common commercial policy, but also an expression of the objective to promote the rule of law ... [more ▼]

In the external action of the Union, the establishment of permanent investment courts is not only part of the common commercial policy, but also an expression of the objective to promote the rule of law and to act as an influential actor in international procedural law. Through its participation in agreements establishing a bilateral investment court system (ICS) and in the negotiation of the convention establishing a Multilateral Investment Court (MIC), the Union aims to promote its own standards of judicial protection while preserving the constitutional framework at the basis of the principle of autonomy. The present paper deals with the question of division of competences, especially in the context of the establishment of a MIC and in the allocation of international responsibility in Investor-State Dispute Settlement (ISDS) mechanisms. Moreover, it discusses the scope of fundamental principles of the EU legal order through the position of the Court of Justice in Opinion 1/17 and the analysis of the compatibility of the ICS with primary EU law. While the principles of conferral and of the autonomy of the EU legal order impose constraints to the external action of the Union, their scope is at the same time interpreted in a way to accommodate their guarantee with the EU’s objective to contribute to the major reform of the ISDS. In that way, the guarantee of the EU legal order’s constitutional requirements is not necessarily a limit to the efficiency of the Union’s external action [less ▲]

QUELQUES REFLEXIONS SUR LE RETOUR DU PRINCIPE DE PRIMAUTE : A PROPOS DES ARRETS POPLAWSKI (C-573/17) ET A.K. (C-585/18, C-624/18 ET C-625/18)

in in J-C. Barbato, S. Barbou des Places, M. Dubuy, A. Moine (dir), Transformations et résilience de l'Etat, Mélanges en l'honneur de Jean-Denis Mouton (2020)

Externalisation de la politique migratoire et identité de l'Union européenne

in Benlolo, Myriam (Ed.) L'Union européenne et les migrations (2020)

Autonomy and EU Competences in the Context of Free Trade and Investment Agreements

in Bosse Platiere, Isabelle; Rapoport, Cecile (Eds.) Negotiation and Conclusion of the New Generation of Free Trade Agreements (2019)

L'action extérieure de l'Union européenne à la lumière du Brexit

in ERPL/PEDP (2019), 31(1), 209-239

The withdrawal of the UK from the Union places the exiting Member State within the framework of the exernal action of the Union. The present contribution studies the two dimensions of the impact of Brexit ... [more ▼]

The withdrawal of the UK from the Union places the exiting Member State within the framework of the exernal action of the Union. The present contribution studies the two dimensions of the impact of Brexit on the external action of the European Union: on the one hand, in the relationships between the UK-third country and the EU; on the other hand, in the relationships between the EU and the third countries and in particular in what concerns the change in treaty relations. The principles that govern the Union’s external action are adapted to the specific process and to the unprecedented context of Brexit, without losing sight of the Union’s objective of affirming itself as an international credible player. A new dynamic of the external action of the Union could emerge from the opportunity that Brexit offers to reconsider the status of Member State and the Union’s objectives. [less ▲]