Pub Date : 2019-01-01DOI: 10.5771/9783828873995-15-1
S. Kreuzer
{"title":"A. Einführung in die Problemstellung, Gegenstand und Zielsetzungder Arbeit","authors":"S. Kreuzer","doi":"10.5771/9783828873995-15-1","DOIUrl":"https://doi.org/10.5771/9783828873995-15-1","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"78 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83936889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The democratic legitimacy of EU international relations: an introduction","authors":"J. Vara, S. R. Sánchez-Tabernero","doi":"10.4324/9781315178721-1","DOIUrl":"https://doi.org/10.4324/9781315178721-1","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"14 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74880041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The CJEU and the external powers of the Parliament: self-restraint or activism?","authors":"Fabien Terpan","doi":"10.4324/9781315178721-3","DOIUrl":"https://doi.org/10.4324/9781315178721-3","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"26 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81217745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-27DOI: 10.4324/9781315178721-24
R. Wessel
For a long time, the relatively limited role of the European Parliament (EP) in relation to the European Union’s foreign, security and defence policy was not really an issue. Most Member States continued to see (or at least present)1 the Common Foreign and Security Policy (CFSP) as a policy area that has not developed beyond the intergovernmental European Political Cooperation of the 1970s and 1980s and oversight was believed to be in the safe hands of the national parliaments. Recent studies, however, revealed that these days CFSP is less to be seen as ‘the odd one out’, and that European integration (and even competence transfer) also took place in that policy field.2 Indeed, a less visible integration perhaps – as CFSP is much less used as a legal basis for policy-making than other external relations provisions – but nevertheless one that has changed the position of CFSP in the EU and hence the commitments of the Member States, the role of the institutions and the way the EU is perceived by other states in relation to its role in global governance.
{"title":"Legal aspects of parliamentary oversight in EU foreign and security policy","authors":"R. Wessel","doi":"10.4324/9781315178721-24","DOIUrl":"https://doi.org/10.4324/9781315178721-24","url":null,"abstract":"For a long time, the relatively limited role of the European Parliament (EP) in relation to the European Union’s foreign, security and defence policy was not really an issue. Most Member States continued to see (or at least present)1 the Common Foreign and Security Policy (CFSP) as a policy area that has not developed beyond the intergovernmental European Political Cooperation of the 1970s and 1980s and oversight was believed to be in the safe hands of the national parliaments. Recent studies, however, revealed that these days CFSP is less to be seen as ‘the odd one out’, and that European integration (and even competence transfer) also took place in that policy field.2 Indeed, a less visible integration perhaps – as CFSP is much less used as a legal basis for policy-making than other external relations provisions – but nevertheless one that has changed the position of CFSP in the EU and hence the commitments of the Member States, the role of the institutions and the way the EU is perceived by other states in relation to its role in global governance.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"2 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90909358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter aims to contribute to the debate on European parliamentary (EP) oversight by examining how institutional access to official secrets as well as leaks unauthorised disclosure of official secrets affect the oversight role of the EP in foreign policy. It provides an analysis of how through leaks and informal channels of communication, the EP is able to conduct oversight in foreign policy. The reliance of parliaments on executive actors to access information is inherent in the structure of their relation since it is the executive that has the main prerogatives in foreign policy and hence holds the information. The chapter focuses on how access to classified information and leaks affect parliamentary oversight. It shows that leaks can play a significant role for a more informed EP and facilitate oversight, future research should further enquire to what extent leaks politicise parliamentary oversight in foreign policy and possibly undermine trust between parliaments and executive actors in the matters of international relations.
{"title":"Oversight trumped by secrets? How access to information and leaks affect European parliamentary oversight in foreign policy","authors":"V. Abazi","doi":"10.4324/9781315178721-9","DOIUrl":"https://doi.org/10.4324/9781315178721-9","url":null,"abstract":"This chapter aims to contribute to the debate on European parliamentary (EP) oversight by examining how institutional access to official secrets as well as leaks unauthorised disclosure of official secrets affect the oversight role of the EP in foreign policy. It provides an analysis of how through leaks and informal channels of communication, the EP is able to conduct oversight in foreign policy. The reliance of parliaments on executive actors to access information is inherent in the structure of their relation since it is the executive that has the main prerogatives in foreign policy and hence holds the information. The chapter focuses on how access to classified information and leaks affect parliamentary oversight. It shows that leaks can play a significant role for a more informed EP and facilitate oversight, future research should further enquire to what extent leaks politicise parliamentary oversight in foreign policy and possibly undermine trust between parliaments and executive actors in the matters of international relations.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"89 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79983991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-27DOI: 10.4324/9781315178721-10
María-Luisa Sánchez-Barrueco
{"title":"The financial dimension of democratic legitimacy in EU external policies","authors":"María-Luisa Sánchez-Barrueco","doi":"10.4324/9781315178721-10","DOIUrl":"https://doi.org/10.4324/9781315178721-10","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"2232 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86560761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-27DOI: 10.4324/9781315178721-12
Guillaume Van der Loo
{"title":"National parliaments and mixed agreements: exploring the legal bumps in a rocky relationship","authors":"Guillaume Van der Loo","doi":"10.4324/9781315178721-12","DOIUrl":"https://doi.org/10.4324/9781315178721-12","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"36 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75627790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The European Parliament in the conclusion of international agreements post-Lisbon: entrenched between values and prerogatives","authors":"J. Santos Vara","doi":"10.4324/9781315178721-4","DOIUrl":"https://doi.org/10.4324/9781315178721-4","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"45 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82032259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A tale of two principles: exploring the democracy-consistency nexus in light of the pirate-transfer saga","authors":"S. R. Sánchez-Tabernero","doi":"10.4324/9781315178721-5","DOIUrl":"https://doi.org/10.4324/9781315178721-5","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"35 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72955034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The role of the European Parliament in the adoption of non-legally binding agreements with third countries","authors":"Paula García Andrade","doi":"10.4324/9781315178721-7","DOIUrl":"https://doi.org/10.4324/9781315178721-7","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"11 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2018-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82305743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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