The Responsibility of the European Union under International Law
| Authors | |
|---|---|
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Czech Yearbook of International Law® |
| MU Faculty or unit | |
| Citation | |
| Keywords | Responsibility; International Organization; European Union; Mixed Agreements; Effective Control; International Law |
| Attached files | |
| Description | The aim of this article is to find out when the European Union is responsible for its conduct under international law and whether general rules on responsibility of international organizations also apply in case of this specific supranational organization. In the first part of the article general rules on responsibility in international law are identified. From a perspective of international law there is no reason to consider the EU as something other than an international organization. The second part focuses on cases where the EU is solely responsible under international law with special attention to its former but persistent pillar structure. The concept of effective control is applied to the European Union and its main policies that are part of its external actions. The third part of the article focuses on cases where the EU is responsible jointly with its Member States with special attention to so-called mixed agreements. The last part is dedicated to particular regimes in international law, namely within the World Trade Organization and the Council of Europe. The conclusion is that despite many internal similarities the European Union is still distinct from federations, and that general rules on responsibility of international organizations in international law apply. In addition to that, from the perspective of third states there is no need to call for special rules just for the European Union. Current legal practice as well as the theory of international law does not seem to show signs of a shift of the current paradigm. The truth is that the likelihood of a Member State being held responsible is substantially lower, compared to traditional international organisations. This makes this organization de facto unique even from the perspective of international law. |