Legal Nature of EU

Question 0

Intl law
Territorial sovereignty
Sovereign equality
Independence

Answer 0

Intl law – set of rules and principles which applies to sov states no within countries but law that regulates the conduct of EU members

Terr sov – state is a territorial entity and has authority of a geographical area and people of it

Sovereign equality – equal in a sense that they have the same rights and duties not higher or lower than any of the other states

Independence – every state is independent no state has power or auth over others

Question 1

Sui generis and problems with uniqueness

Answer 1

Entity that is unique
Problems:
-reflects political agenda
-misleading – intl entity, masking intl origins and masking dynamic relationship with intl law
-makes it diff to understand what it is
-misguided bc based on misunderstanding of what coast law doctrine can tell us about the subject

Question 2

Is the EU a state?

Answer 2

Art 1 Montevideo convention (1993)

• permanent population– EU citizenship (secondary) NO population
• defined territory – geographical existence but territory remains with MS, EU has ability to extend power over it but does not own the geographical area - NO
• Government – yes to government but limited power as MS have retained right to exercise their own powers
• capacity to enter into relations with other states (independence) – no EU dependent on MS to function

Question 3

Is the EU an intl organization?

Answer 3

Must be distinguished from NGO’s and MS - 5 criteria:

• created by intl agreement : yes
• must have autonomous organ : yes - euro commission: ECJ etc.
• directly governed by international law : yes operates on intl law (Intertanko case)
• prescribed field of activity : yes art 3 TEU and art 5 TEU
• legal personality : Yes - Lisbon Treaty