The European Union and its Legal Personality (1993-2010)

2010 ◽  
Author(s):  
Raluca David
Keyword(s):  
European Union ◽  
The European Union ◽  
Legal Personality

scholarly journals Beyond the Control Paradigm? International Responsibility and the European Union

2013 ◽  
Vol 15 ◽  
pp. 643-668
Author(s):  
Gleider I Hernández
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Public International Law ◽  
Legal Personality ◽  
European Governance ◽  
Control Paradigm ◽  
Internal Structures ◽  
International Responsibility ◽  
Federal Structure

AbstractFrom the perspective of public international law, the legal personality of the European Union (EU) carries with it the possibility for it to exercise rights and to bear obligations on the international plane. Its quasi-federal structure, however, requires consideration as to how these rights and obligations may be exercised. In this chapter, two regimes are compared: the EU’s rights and obligations as an international organisation and the possibility that its internal structures might be recognised on the international plane, thus leading to more complex notions of subsidiary responsibility, shared between the various levels of European governance.

scholarly journals LEGAL PERSONALITY OF POLITICAL PARTIES IN UKRAINE AND MEMBER STATES OF THE EUROPEAN UNION: COMPARATIVE LEGAL RESEARCH

2020 ◽  
Vol 1 (3) ◽  
pp. 16-24
Author(s):  
A. Yu. Boichuk ◽  
V. V. Humeniuk
Keyword(s):  
European Union ◽  
Political Parties ◽  
Political Party ◽  
European Countries ◽  
Legal Rights ◽  
Common Denominator ◽  
The European Union ◽  
Member States ◽  
Legal Personality ◽  
European Standards

The article examines the trends that have led to a significant increase in the legal personality of political parties in many European countries over the last decade. The growing role of political parties in the modern conditions of a developed democracy requires a revision of the standards of European legislation on their activities. Important issues of legal rights and obligations of political parties in accordance with both international standards and the legislation of Ukraine are revealed; defines the concepts of "subject of legal relations" and "legal capacity", as well as the legal side of the legal personality of a political party; formulates precise legal criteria and bases for recognition of a political party as a subject of law. A comparative legal study of the legal personality of political parties in Ukraine and the Member States of the European Union. The European standards on the legal personality of political parties have already been developed in most European countries and are aimed at achieving the constitutional and legal order is noted. The Law on Political Parties is a common denominator of legislative work, which regulates the organization of political parties and the financing of their participation in election campaigns. The development and implementation of standards for regulating the activities of political parties is a very important component of protecting the principles of a democratic society is determined. The importance of the role that political parties play in governance at both the national and supranational levels, this issue is currently given great importance in the European Union are given. The introduction of European standards in national legislation enables the state to effectively regulate the activities of political parties.

scholarly journals CHANGES IN AGRICULTURAL ADVISORY SERVICES IN POLAND AFTER ACCESION TO THE EU

2017 ◽  
Vol 16 (3) ◽  
pp. 15-24
Author(s):  
Józef Kania
Keyword(s):  
European Union ◽  
Rural Development ◽  
Important Change ◽  
The State ◽  
The European Union ◽  
Legal Personality ◽  
Advisory Services ◽  
Research Period ◽  
The Eu

The main objective of this article is to analyze and evaluate the state and development of agricultural advisory services in Poland after accession to the European Union. The most important change, based on the Act from 22 October 2004, was to obtain legal personality by the Agricultural Advisory Center in Brwinów (CDR) and 16 provincial agricultural advisory centers (ODRs), and the possibility of charging fees for selected services. This Act was changed three times during the research period. The changes concerned mainly the subordination of ODRs; from the Governors to the provincial self-governments (2009), then to the Boards of provinces (2012), and most recently to the Minister of Agriculture and Rural Development (2016), and how they are financed. At present, two main public organizational units exist within the agricultural advisory structure; there are the CDR responsible for training of advisers and the 16 ODRs responsible for farm advisory services and rural development.

scholarly journals Decision-Making under Pillars Two and Three

2014 ◽  
Vol 7 (4) ◽  
Author(s):  
Petr Jeřábek
Keyword(s):  
Decision Making ◽  
European Union ◽  
Security Policy ◽  
Decision Making Process ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Personality ◽  
The Third ◽  
Foreign And Security Policy ◽  
The Difference

The paper focuses on the decision-making process in the European Union since approval of the Treaty of Maastricht. Special consideration is dedicated to pillars two and three. The second pillar is connected with Common Foreign and Security Policy, while the third pillar contributes with Justice and Home Affairs. The first part of this paper introduces the major tools which are commonly used and describes how pillars system works. The difference between intergovernmentalism and supranationalism is also addressed. In the second part the paper deals with some important changes under the Treaty of Nice and Treaty of Lisbon. The Treaty of Lisbon will cancel the pillars system, being replaced by one legal personality for the European Union. While the former treaties were partly based on intergovernmentalism, the Treaty of Lisbon is mostly oriented on supranationalism.

Part V Treaty Interpretation, 22 Specialized Rules of Treaty Interpretation: International Organizations

2020 ◽  
Author(s):  
Brölmann Catherine
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Legal Personality ◽  
Starting Point ◽  
Treaty Law ◽  
Treaty Interpretation

International law has generally treated questions of the legal personality and legal powers of international organizations (IOs) as a distinct subject — notably one of international institutional law. However, IOs also regularly trigger questions of treaty law and practice. Most IOs are created by treaty, and that ‘constituent instrument’ provides the necessary starting point for delimiting their functions and competences. This chapter addresses treaty interpretation in the IO context, with particular attention to the interpretation of founding or constitutive treaties of international organizations. Part I examines the interpretation of constitutive treaties and IO secondary rules. Part II looks at the role of organizations as treaty interpreters. Examples are drawn predominantly from the UN context and, to a lesser degree, the European Union.

Polityczny wymiar relacji między Unią Europejską a Państwem Izrael

2015 ◽  
pp. 70-107
Author(s):  
Michał Skorzycki
Keyword(s):  
European Union ◽  
International Relations ◽  
The State ◽  
The European Union ◽  
Political Actor ◽  
Legal Personality ◽  
Political Relations ◽  
Mutual Relations ◽  
The Eu

The article presents the state of political relations biding the European Union and Israel. Lisbon reform granted the EU legal personality, which was the next step in extending the autonomy that allows it to be treated like a political actor of international relations. Bearing that it mind, the author attempts to reveal political goals being accomplished by both sides as well as means which lead to their implementation. The aim of the article is also to cover the most important obstacles in mutual relations and prospects of overcoming them. This requires the paper to go beyond discussing the current developments and demands the presentation of historic, structural and strategic background of relations of the two aforementioned entities.

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