Profit from Big Data: Turn disconnected data into connected - Pronq
Connected or Disconnected? The EU and Inter national Law
description
Transcript of Connected or Disconnected? The EU and Inter national Law
Connected or Disconnected?The EU and Inter national Law Lecture 6: The EU and Succession. Conclusions
Prof. Pieter Jan KUIJPER
The EU and the succession of the ECSC
Historical examples of succesion. Transition League of Nations – UN
Succession of the OEEC – OECD
Imitated in the transition ECSC – EC 2002 Transfer of funds
Transfer of rights and obligations from int. agreements
Done by two unilateral but matching legal acts
See Decisions of 19 July 2002.
Lecture 6: Succession/Conclusion 2
The succession ECSC-EC in the Courts
Application of the cartel and state aid rules See Cases T-27/03 SP SpA v Commission, T-25/04
Gonzalez y Diez v Commission, T-24/07 ThyssenKrupp
v Commission.
Emphasizing Community law principles over
international law rules on treaty succession.
Unity of the Community legal order encompassing the
ECSC and the EC treaties.
Lecture 6: Succession/Conclusion 3
The succession ECSC-EC in the Courts 2
Application of the cartel and state aid rules. Relation between ECSC and EC treaties is as lex
specialis to lex generalis. The latter automatically fills
the gap left by the disappearance of the former.
Differentiation between substantive and procedural
rules.
The former follow the date of the facts; the latter follow
the date of the decision.
Lecture 6: Succession/Conclusion 4
The succession of the EC by the EU
No elaborate unilateral, but matching acts, as in the ECSC – EC transition.
A simple notification from the new EU to the international organizations in which it is observer, member or full participant.
A similar letter has been handed to the governments of all third States, where Comm had a delegation.
A lot depends on the reactions to come.
Lecture 6: Succession/Conclusion 5
Conclusions Connected or Disconnected?
Answer: connected and disconnected. Disconnected from international law in the sense that the
“own legal order” has become important and considered
worthy of protection. By the Court in the first place.
Connected to international law in the sense that the EU legal
system is still basically monist and rather generous with direct
effect. Except in specific cases.
Lecture 6: Succession/Conclusion 6
Conclusions
Connected and disconnected. Connected in that the EU gets slowly better access to
international society: treaty accessions; admission as
member or “full participant” to international
organizations.
Disconnected in that the EU is still considered a strange
animal, whose access is not yet self-evident or quasi-
automatic.
Lecture 6: Succession/Conclusion 7
Conclusions
The “Federal Dimension” The MS are omnipresent in EU external action.
They bring the need to externalize EU federal problems.
Through “false” mixed agreements
Through declarations of competence
Through disconnection clauses
Losing sovereignty is much more visible externally than
internally.
Lecture 6: Succession/Conclusion 8
Conclusions
The separation of powers/trias politica. EP’s growing powers constitutionally recognized.
The special place of the executive reaffirmed in the
role of the HR and the Commission.
The special caution of the Union Courts not to be in
the way of the executive and the legislature in external
relation confirms that.
Lecture 6: Succession/Conclusion 9