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EU Development Cooperation Policy

Between Constitutional Strictures and Policy Objectives

9781800881303 Edward Elgar Publishing
Tina Van den Sanden, PhD, Senior Affiliated Researcher, KU Leuven Institute for European Law, Belgium
Publication Date: June 2022 ISBN: 978 1 80088 130 3 Extent: 232 pp
Timely and incisive, this book offers a critical insight into the legal structure of EU development cooperation policy, exploring the innate complexities that give rise to legal challenges in this crucial area of EU external action. Investigating the interaction between the key tenets of coherence and conferral, Dr. Tina Van den Sanden assesses how the Union’s legal framework affects the attainment of its development cooperation objectives.

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Contents
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Timely and incisive, this book offers a critical insight into the legal structure of EU development cooperation policy, exploring the innate complexities that give rise to legal challenges in this crucial area of EU external action. Investigating the interaction between the key tenets of coherence and conferral, Dr. Tina Van den Sanden assesses how the Union’s legal framework affects the attainment of its development cooperation objectives.

Demonstrating the inherent tension between the central principle of conferral, which restricts the Union’s legal competences to the boundaries established within its Treaties, and the need for coherence, this ambitious book provides an insightful analysis of EU development cooperation policy. Chapters further scrutinise the legal scope of such policy and its delimitation with closely linked policy areas of environment, the common commercial policy (CCP), and the common foreign and security policy (CFSP); establish the division of competences and cooperation between the Union and its Member States; and evaluate the management of the institutional division of competences between different EU actors. The book concludes with an assessment of whether the Union’s legal, constitutional, and institutional structures are equipped to meet and support its own development cooperation aims.

Both legal scholars and practitioners interested in EU external relations law will benefit from this book’s comprehensive analysis of the underlying legal frameworks that form and influence EU development cooperation policy.
Critical Acclaim
‘The book offers a sharp legal analysis of EU development cooperation policy. By means of a thorough constitutional analysis, the author critically examines a complex, multi-dimensional and highly topical area of EU law in a remarkably coherent manner, wrapped up in a very fluent narrative style.’
– Elise Muir, KU Leuven, Belgium

‘This book, written by an expert in both the theory and the practice of EU development cooperation, explores how that policy's objectives can be achieved in a coherent manner within the constraints of the Union’s conferred competences. It succeeds in the remarkable feat of identifying and reflecting on the constitutional challenges comprehensively and methodically while maintaining analytical precision and concision. It is essential reading for anyone interested in the potential and the challenges facing this central aspect of EU external action.’
– Geert De Baere, General Court of the EU, Luxembourg

‘The EU’s development cooperation policy plays an important role in the Union’s external relations, but also gives rise to complex and difficult legal problems. It is therefore exhilarating that with her book EU Development Cooperation Policy: Between Constitutional Strictures and Policy Objectives Dr. Van den Sanden excellently analyses some of the most pressing legal challenges in the area.’
– Morten Broberg, University of Copenhagen, Denmark
Contents
Contents: 1. Introductory chapter on coherence–conferral and the attainment of the EU’s development cooperation policy objectives PART I THE LEGAL SCOPE OF EU DEVELOPMENT COOPERATION POLICY AND THE HORIZONTAL DIVISION OF COMPETENCES BETWEEN DEVELOPMENT COOPERATION AND ENVIRONMENT, TRADE, AND SECURITY 2. The legal scope of EU development cooperation policy 3. Delimitation with environment, common commercial policy, and common foreign and security policy 4. Conclusions on the legal scope of EU development cooperation policy and delimitation with other closely linked areas PART II DIVISION OF COMPETENCES AND COOPERATION BETWEEN ACTORS 5. The nature of EU development cooperation and vertical division of competences and cooperation between the Union and the Member States in development cooperation policy 6. The management of the institutional division of competences and cooperation between EU actors in EU development cooperation policy 7. Conclusions Index
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