Evaluating the exclusive (and implied) competences of the European Union’s external relations law vis-à-vis human rights obligations

Abstract

The aim of this dissertation is to explore the continuum in the development of external competence in the EU vis-à-vis human rights obligations. The connection between the two is not altogether immediate but this work considers the conditions within which implied external competence were developed in light of the present legal and political frameworks. The work also observes, from a thorough examination of the case-law, the activist role played by the CJEU during and after AERT, and the emerging implications for the future of external relations in the EU. The three chapters of the dissertation represent a segment in the development of the EU legal order and explore the overarching question of how human rights and their protection has become an integral part of the European Union and how it can be reconciled with external relations law. This study reflects on the conditions that can enable an increased adherence to the inclusion of human rights in international agreements and considers the limits of those provisions that legitimise the protection of human rights in the EU. All the while, aware that the balance of power between the EU and the Members States must be maintained. In this sense, the examination of the development of implied external competence aligns itself with the reinforcement of a strong external relations law based on consistency and coherence in action and in law, one that is complementary with legal developments and respectful of national autonomy.