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Exclusive, Shared and National Competence in the Context of EU External Relations: Do Such Distinctions Matter?

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Chapter Summary

The purpose of a tribute to Marc Maresceau, a leading expert and commentator on EU external relations, is to examine the relative nature of the legal categories involved, including the 'non-exclusive' features of exclusive competence, on the one hand, and what sometimes appears as the 'near-exclusive' exercise of shared competence, on the other. This chapter presents observations on the Common Foreign and Security Policy (CFSP) competences, in the context of shared competences. There are codes or other arrangements agreed between the Council, the Commission and the Member States the primary function of which is to regulate their respective rights to speak, submit proposals and vote but which also are relevant for the question of competence. The chapter discusses these codes in relation to shared competences and the duty of co-operation. Union institutions and Member States cooperate and defend the Union interest, whichever category of competence is considered to apply.

Keywords: Common Foreign and Security Policy (CFSP); EU external relations; Marc Maresceau; Union institutions



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