Acceso usuarios
Asier Garrido Muñoz
The evolution of EU external action- consolidated with the establishment of the European External Action Service- has resulted in the increasing presence of International Humanitarian Law ("IHL") at the level of EU policies. From a legal point of view, it is known that IHL binds the EU in the exercise of the competences attributed by the treaties. Nevertheless, the constitutional value of ius in bello remains uncertain. The aim of the present work is to appraise the existence of a relationship of correspondence between EU primary law and its humanitarian discourse. By evaluating three possible "constitutionality vectors" (EU values and objectives, human rights as general principles of EU law and the principle of loyal cooperation) I will try to demonstrate that, despite the existence of a real visibility deficit, EU Law has legal mechanisms at its disposal facilitating an effective integration of ius bello at the constitutional level.
