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ULİ454U · Ünite 8

The Law of the EU Diplomacy

  • 20 soru-cevap
  • The European Unıon and Global Polıtıcs (ENG)
1

What are the two main treaties that form the basis of EU diplomacy?

The two main treaties that form the bedrock of EU diplomacy are the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

2

What are the principles guiding the EU’s external actions as stated in Article 21 of TEU?

These principles include democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
3

What is the decision-making approach of the Common Foreign and Security Policy (CFSP) as different from the EU's internal processes?

Distinguished from the EU’s internal or ‘Community’ processes, the CFSP is noted for its intergovernmental decision-making approach. This means decisions are predominantly made through collaboration between Member States, primarily through the European Council and the Council of Ministers. Unanimity is generally required for decisions in this area. The roles of the European Commission and the European Parliament are comparatively limited, and the Court of Justice of the European Union, except for a few exceptions, does have comparatively little jurisdiction over CFSP matters.
4

Which treaty granted the EU a consolidated legal personality, enabling it to sign international agreements and join international organizations?

The Lisbon Treaty introduced several legal changes to the EU’s common foreign and security policy. The treaty granted the EU a consolidated legal personality, enabling it to sign international agreements and join international organizations more effectively. This change was pivotal for the EU’s role on the global stage.

5

Which mechanisms did the Lisbon Treaty introduce to improve decision-making in CFSP? 

The Lisbon Treaty introduced mechanisms to improve the efficiency of decision-making in CFSP. It maintained the principle of unanimity but introduced provisions for ‘constructive abstention’ and ‘enhanced cooperation.’ Constructive abstention allows member states to refrain from participating in specific actions without obstructing them. At the same time, enhanced cooperation permits a subset of member states to pursue advanced integration in specific CFSP areas.
6

How has the Treaty of Lisbon affected the Court of Justice’s role in Common Foreign and Security Policy? 

The Treaty of Lisbon has expanded the Court of Justice’s role in Common Foreign and Security Policy. However, this expansion is still limited in scope. Specifically, the Treaty establishes key exceptions where the Court’s jurisdiction applies within the CFSP.

7

How does the Court of Justice distinguish a case and decide whether it is related with CFSP or not?

To distinguish a case, whether CFSP or non-CFSP, the CJEU applies a two-step test. First, the CJEU looks at the formal basis of the contested measure, i.e. the legal provision under which it was adopted. Second, the CJEU looks at the substantive content of the contested measure, i.e., the nature and objectives of the EU action. 
8
What has the Rosneft case illustrated as regards the jurisdiction of the Court of Justice in matters related with the CFSP?

This case illustrated that even measures adopted under CFSP can be subject to the CJEU’s jurisdiction if they have broader implications that extend beyond CFSP-specific objectives.

9

What is the role of the Court of Justice in overseeing the adherence to legal procedures outlined in Article 218 of the Treaty on the Functioning of the European Union?

The Court of Justice (CJEU) examines the processes to ensure that they are conducted in accordance with the principles and rules set out in the EU treaties, thereby maintaining legal integrity and transparency in EU treaty-making.
10

What are the key stages in EU treaty making according to Article 218 of Treaty on the Functioning of the European Union (TFEU)? 

They are (1) Authorization to Open Negotiations, (2) Conducting Negotiations, (3) Signing of Agreements, (4) Conclusion (Ratification). 
11

What is the role of the Council of the European Union in the key stages of the EU Treaty-Making?

Council of the European Union authorizes negotiations, provides directives, and concludes agreements.

12
What is the role of the European Commission as regards the key stages of the EU Treaty-Making?

European Commission is primarily responsible for negotiating agreements.

13

What are the key principles of the EU’s International Representation?

They are sincere cooperation, consistency and unity.
14
 What are the responsibilities of "the High Representative of the Union for Foreign Affairs and Security Policy" while representing the EU in International Relations? 

Ensures coherence and consistency in the EU’s external action. Chairs the Foreign Affairs Council. Represents the EU in the Common Foreign and Security Policy and the Common Security and Defence Policy.

15
What are the roles of the European Commissioners responsible for specific portfolios in representing the EU in world affairs?

They are involved in negotiations, dialogues, and cooperation with third countries and international organizations on issues related to their portfolios. Propose and implement EU policies and legislation. Represent the Commission in the European Parliament and the Council.

16
What is the responsibility of the President of the European Council as regards CFSP of the EU?
He facilitates consensus among EU member states. Sets the EU’s strategic agenda. Represents the EU externally on issues concerning its common interests.
17
How do EU Delegations represent the EU while acting as the EU’s embassies in various countries?
They represent the EU, coordinate policies and positions, and implement cooperation programs with the host countries. They also report on political, economic, and social developments and support the EU’s crisis management and humanitarian aid operations.
18

What are the major contributions of the EU within the United Nations? 

The EU’s contributions are particularly influential in shaping policies related to peacekeeping missions, global development initiatives, and promoting and protecting human rights worldwide.
19

Which international organization that the EU is a full-fledged member of shapes the global trade?  

World Trade Organization (WTO): As a full-fledged member of the WTO, the European Union plays an instrumental role in shaping the global trade landscape. It is a significant actor in negotiations that sculpt international trade agreements and is actively involved in resolving trade disputes, underscoring its pivotal position in global trade governance.

20
What is the relation of the EU with the Council of Europe?

The Council of Europe is a separate entity from the EU, focusing primarily on promoting human rights, democracy, and the rule of law within Europe. Although the EU is not a formal member, it maintains a close and cooperative relationship with the Council, aligning its objectives and policies in these critical areas.

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