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3 - Article 47 TEU and the relationship between first and second pillar competences

from PART I - Constitutional and institutional questions

Published online by Cambridge University Press:  07 September 2009

Alan Dashwood
Affiliation:
University of Cambridge
Marc Maresceau
Affiliation:
Universiteit Gent, Belgium
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Summary

Introduction

Since the Treaty of Maastricht, the external action of the European Union(EU) has been conducted under the distinct sets of constitutional arrangements found respectively in the EC Treaty (the first pillar) and in Title V and Title VI of the TEU (the second and third pillars). This chapter is more particularly concerned with the relationship between the Union's first pillar competences, exercised through the persona of the European Community (EC) and extending to those fields of external activity for which legal bases exist in the EC Treaty, and its directly exercisable second pillar competence in the field of the Common Foreign and Security Policy (CFSP).

Central to the management of that relationship (as well as of the relationship between first and third pillar competences) is Article 47 of the TEU, found among the Final Provisions in Title VIII of that Treaty. The Article states:

Subject to the provisions amending the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, and to these final provisions, nothing in this Treaty shall affect the Treaties establishing the European Communities or the subsequent Treaties and Acts modifying or supplementing them.

Evidently, the function of Article 47 is to preserve the integrity of the legal order that was brought into being by the EC Treaty, in the face of the new competences conferred upon the Union by the TEU.

Type
Chapter
Information
Law and Practice of EU External Relations
Salient Features of a Changing Landscape
, pp. 70 - 103
Publisher: Cambridge University Press
Print publication year: 2008

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