External Powers of the Member States in EU Law

The field of foreign relations, traditionally perceived as an inviolable domain of state sovereignty, has undergone a profound transformation in the context of European integration. Although the inherently political nature of foreign policy has historically shielded it from judicial scrutiny in certain jurisdictions, the process of European integration through law has radically disrupted this paradigm. Indeed, various rules and principles emanating from EU law have progressively curtailed the autonomy of Member States in the conduct of their foreign relations with third countries.

The question of what exactly Member States are allowed to do in their external relations has traditionally been analysed by looking at the formal competence of either the Member States or the European Union. In contrast, the central focus of this thesis is to elucidate the impact of EU law on national powers in the field of external relations. The argument presented here is that certain EU rules and principles can act as either restraints or safeguards on these powers. Through a comprehensive analysis of the relevant Treaty provisions and the case law of the Court of Justice of the European Union, the thesis will analyse, compare and balance the various restraints and safeguards of national powers in external relations under EU law.