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6 - The duty of cooperation

Bart Van Vooren  and
Ramses A. Wessel
Bart Van Vooren
Affiliation:
ALTIUS, Brussels
Ramses A. Wessel
Affiliation:
University of Twente, Enschede, The Netherlands
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Summary

Central issues

  • As a consequence of the complex raft of rules pertaining to EU exclusive, shared pre-emptive, shared non-pre-emptive, parallel and retained Member State competences, there are many scenarios where the EU and the Member States will conduct external relations in a ‘mixed’ configuration.

  • This chapter revolves around Article 4(3) TEU, which contains the generally applicable duty of loyalty in EU law. Derived from that principle is the duty of cooperation, which is of paramount importance in the relationship between the EU and Member States in their external relations. It is a legal duty which applies across the scope of the EU Treaty, and which legally requires certain forms of behaviour of the EU and Member States in international contexts.

  • Tracing the evolution in CJEU case law, this chapter shows that the Court has judicially constructed a duty of cooperation which has evolved from merely requiring duties of best effort, to now requiring duties of result. In this chapter we conceptualize the duty of cooperation in the form of a policy timeline which is subdivided into two phases: the strategy and preparation phase; and the execution and implementation phase. This conceptual framework will explain that the duty of cooperation imposes different obligations of action or inaction on the EU and Member States, depending on which phase of the policy timeline they are currently in, and on the ‘intensity’ of collaboration and state of affairs within each phase.

    • Type
    Chapter
    Information
    EU External Relations Law
    Text, Cases and Materials
     , pp. 189 - 207
    Publisher: Cambridge University Press
    Print publication year: 2014

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    References

    Cremona, M., ‘Defending the Community Interest: The Duties of Cooperation and Compliance’, in Cremona, M. and de Witte, B. (eds.), EU Foreign Relations Law: Constitutional Fundamentals (Oxford: Hart Publishing, 2008), pp. 125–170.Google Scholar
    Cremona, M., Member States as Trustees of the Community Interest: Participating in International Agreements on Behalf of the European Community (EUI Working Paper 2009/17).CrossRefGoogle Scholar
    Dashwood, A., ‘The Limits of European Community Powers’ (1996) 21 European Law Review 113–128.Google Scholar
    Heliskoski, J., ‘Adoption of Positions under Mixed Agreements’, in Hillion, C. and Koutrakos, P. (eds.), Mixed Agreements Revisited – The EU and its Member States in the World (Oxford: Hart Publishing, 2010).Google Scholar
    Hillion, C., ‘Mixity and Coherence in EU External Relations: The Significance of the Duty of Cooperation’, in Hillion, C. and Koutrakos, P. (eds.), Mixed Agreements Revisited – The EU and its Member States in the World (Oxford: Hart Publishing, 2010), pp. 87–115.Google Scholar
    Hyett, S., ‘The Duty of Co-operation: A Flexible Concept’, in Dashwood, A. and Hillion, C. (eds.), The General Law of EC External Relations (London: Sweet and Maxwell, 2000).Google Scholar
    Kuijper, P. J., ‘Re-Reading External Relations Cases in the Field of Transport: The Function of Community Loyalty’, in Bulterman, M. et al. (eds.), Views of European Law from the Mountain (Alphen aan den Rijn: Wolters Kluwer Law & Business, 2009).Google Scholar
    Larik, J. and Delgado Casteleiro, A., ‘The Duty to Remain Silent: Limitless Loyalty in EU External Relations’ (2011) 36 European Law Review 524–541.Google Scholar
    Neframi, E., ‘The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations’ (2010) 47 Common Market Law Review 323–359.CrossRefGoogle Scholar
    Rosas, A., ‘Mixed Union – Mixed Agreements’, in Koskenniemi, M. (ed.), International Law Aspects of the European Union (The Hague: Kluwer Law International, 1998), pp. 125–148.Google Scholar
    Timmermans, C., ‘Organising Joint Participation of E.C. and Member States’, in Dashwood, A. and Hillion, C. (eds.), The General Law of EC External Relations (London: Sweet and Maxwell, 2000).Google Scholar
    Van Vooren, B., EU External Relations Law and the European Neighbourhood Policy: A Paradigm for Coherence (Abingdon/New York: Routledge, 2012), pp. 116–125.CrossRefGoogle Scholar
    Neframi, E., ‘The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations’ (2010) 47 Common Market Law Review 323–359CrossRefGoogle Scholar

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