scholarly journals Europos Sąjungos ir valstybių narių dalyvavimas mišriuose susitarimuose: pozicijų priėmimas

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 187-200
Author(s):  
Manfredas Limantas
Keyword(s):  
Current Situation ◽  
Member States ◽  
Mixed Agreements ◽  
The Eu

Straipsnyje analizuojama ES, valstybių narių ir bendrų pozicijų priėmimo tvarka ES ir jos valstybėms narėms dalyvaujant mišriuose susitarimuose. Tiriamas esamas pozicijų priėmimo reglamentavimas ES sutartyse, vyraujanti praktika ir jos formalizavimo pavyzdžiai, kartu pateikiant pasiūlymus dėl padėties tobulinimo. This article analyzes the adoption of EU, its Member States’ and common positions in the context of mixed agreements. The research revolves around the regulation of adoption of positions in the EU Treaties, common practice of adopting such positions and instances of its formalization, while at the same time providing suggestions for improvement of the current situation.

Mixed Agreements: The EU Law Fundamentals

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Basic Characteristics ◽  
Mixed Agreements ◽  
The Eu

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union

Eine Pflicht zum Finanzausgleich innerhalb der Europäischen Union?

2019 ◽  
Author(s):  
Katrin Kroll
Keyword(s):  
Political Science ◽  
Current Situation ◽  
Entire System ◽  
Member States ◽  
Financial Compensation ◽  
Financial Difficulties ◽  
Legal Perspective ◽  
The Eu ◽  
Federal Structure

Is the EU obliged to issue financial compensation to its Member States? Is such an obligation stipulated in the EU’s primary treaties, or demanded by its federal structure or by the principle of democracy itself? In this study, after examining the current situation in this respect, the author addresses these questions from a legal perspective especially, while also taking approaches and concepts from political science, finance and economics into account. In doing so, she comes to the conclusion that the EU is actually not obliged to issue such compensation, but that the foundations of its treaties and its federal structure do open up far-reaching opportunities in this regard. Moreover, an ordered and durable system of financial compensation can also prevent the entire system from becoming destabilised if one or several of the EU’s Member States find themselves in severe financial difficulties.

scholarly journals Implementation of Quiet Areas in Sweden

2019 ◽  
Vol 16 (1) ◽  
pp. 134 ◽  
Author(s):  
Gunnar Cerwén ◽  
Frans Mossberg
Keyword(s):  
Urban Development ◽  
Health Benefits ◽  
Environmental Noise ◽  
Current Situation ◽  
Member States ◽  
Sound Environment ◽  
Two Phases ◽  
The Eu ◽  
Developing Strategies

The notion of quiet areas has received increasing attention within the EU in recent years. The EU Environmental Noise Directive (END) of 2002 stipulates that member states should map existing quiet areas and formulate strategies to keep these quiet. Quiet areas could play an important role in balancing densified urban development by ensuring access to relative quietness and associated health benefits. This paper reports on a recent study investigating how the notion of quiet areas has been implemented in Sweden. The study, initiated by the Sound Environment Center in 2017, was carried out in two phases. In phase one, an overview of the current situation was obtained by scrutinizing regional and municipal mapping initiatives, aided by a short digital questionnaire sent out to all 290 municipalities in Sweden. This provided a general understanding and highlighted initiatives for further study in phase two. The results revealed that 41% (n = 118) of Sweden’s municipalities include quiet areas in their general plans, but that significantly fewer of these have sophisticated strategies for implementation (n = 16; 6%). Moreover, the interest in quiet areas in municipalities does not seem to be directly related to the END, but is instead inspired by previous regional initiatives in Sweden. The study highlights a number of considerations and examples of how quiet areas are approached in Sweden today. In general, Sweden has come a long way in terms of identifying and mapping quiet areas, but more progress is needed in developing strategies to protect, maintain, and publicize quiet areas.

Part II The Treaty-Makers, 6 Who Can Make Treaties? The European Union

2020 ◽  
Author(s):  
Cremona Marise
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
International Treaty ◽  
Multilateral Agreements ◽  
International Responsibility ◽  
The Impact ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.

Die Zukunft umfassender und gemischter Abkommen der EU nach dem Singapur-Gutachten

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 310-324
Author(s):  
Stefan Lorenzmeier
Keyword(s):  
European Union ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The European Union ◽  
Member States ◽  
Division Of Powers ◽  
Court Of Justice ◽  
The Common ◽  
Mixed Agreements ◽  
The Eu

The article explores some legal issues regarding comprehensive trade and mixed agreements of the European Union (EU). The concept of mixed agreements is special to the EU legal order and under strain after the opinion 2/15 of the Court of Justice of the European Union of 16 May 2017, in which the Court defined the exclusive competence of the EU for concluding “EU-only agreements” in the context of the common commercial policy. This led to a split-up of trade agreements of the Union into “EU-only agreements” and mixed agreements on investment issues whereas no change of policy had been established for association agreements to date. Besides creating greater legal certainty, some problems remain regarding the to-be-improved acceptance of EU free trade agreements in the Member States. The analysis focuses on the division of powers between the EU and the Member States and its impact on mixed agreements on a political and legal level. It concludes that “mixity” has not been ended by the jurisprudence of the Court of Justice and can still be seen as a useful tool in the process of negotiating and concluding future comprehensive international trade and association agreements.

scholarly journals Shared Obligations and the Responsibility of an International Organization and Its Member States

2021 ◽  
pp. 1-40
Author(s):  
Nataša Nedeski
Keyword(s):  
Member State ◽  
International Law ◽  
International Organization ◽  
Member States ◽  
International Obligations ◽  
International Responsibility ◽  
Mixed Agreements ◽  
The Eu ◽  
Do So

Abstract Discussions on the allocation of international responsibility between an international organization and its member states do not comprehensively engage with the role of obligations in assigning responsibility to the organization and/or its members. The present article sets out what will be termed an obligations-based approach to the allocation of international responsibility by exploring the phenomenon of sharing international obligations by an international organization and its members, as well as the implications thereof for their responsibility under international law. It will do so by focusing on the practice of concluding mixed agreements by the EU and its member states, which commonly results in overlapping obligations for the organization and its members. It is ultimately argued that a distinction should be made between two types of shared obligations in mixed agreements in order to untangle who can be held responsible in case of a breach: the EU, the member state(s), or both.

Making Treaties and Other International Agreements

2019 ◽  
pp. 238-256
Author(s):  
Marise Cremona
Keyword(s):  
European Union ◽  
Foreign Relations ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Executive Discretion ◽  
External Powers ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the foreign relations law of the European Union concerning the making of treaties and other international agreements. It first outlines the sources of EU law on treaty-making and the legal and constitutional context in which EU treaty-making takes place. It then turns to the law relating to the process of treaty negotiation and to the signature, provisional application, and conclusion of treaties, identifying the ways in which the specific legal characteristics of the European Union as a treaty maker are reflected in its foreign relations law. These include the principle of conferred powers, whereby all treaty-making power must be conferred expressly or impliedly by the EU Treaties, and the institutional balance of powers. For the European Union, treaty-making is not a manifestation of sovereignty and cannot be regarded as simply a matter of executive discretion; the policy balance of a projected treaty and its relation to the European Union’s general objectives may be subject to judicial assessment. The member states remain sovereign subjects of international law and, as a matter of EU law, the European Union’s external powers do not necessarily displace those of the member states. As a result, the European Union and member states will often enter into treaties together, although there are no formal rules in the EU system, apart from the general mutual duties of cooperation, governing the negotiation and conclusion of such “mixed agreements.”

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