International Law Aspects of the European Union

Abstract

The manifold manifestations of the regional economic integration organisation of the European states have produced a complex web of international relations without an always clear legal status. In contrast to the European Communities, the European Union is not supposed to have international personality at all. The relations between the member states are governed by international law precepts, and the Union acts towards third parties through the intermediary of its constituent organs, the member states, and the organs of the Community. It is submitted in this Article that this state of affairs inexorably leads towards an implicit recognition of the legal personality of the Union as well. Such recognition would not solve all problems, however. The Community enjoys legal personality by express reference in the founding treaties, but its competences are still less than those of a state. In many occasions, the Community and the member states have concurrent jurisdiction in the same subject-matter. The effective assumption of an international obligation necessitates then the conclusion of a mixed agreement, with all the problems of joint and several liability this might entail. The member states thus present to third parties a Janus face of both concerted and individual action. Balancing the inherent tensions within a continuously evolving institution remains the challenge of the future.