EU Law and Member States’ International Law Member States Agreements as Union Law
Marise Cremona
Abstract
Marise Cremona
Abstract
This paper talk about the international agreement which falls, at least in part, within the exclusive competence of the European Union, and yet the Member States are parties to the agreement and the Union is not. The paper has explored the Union law obligations that arise for the Member States, and the status of agreements within the Union legal order where those agreements are concluded by the Member States on behalf, and in the interests, of the Union. The Union's exclusive competence requires that the Member States act under Union authorization, that Union negotiating positions are formulated and adhered to. These agreements illustrate the constraints under which the Member States, although fully sovereign States, operate at an international level as a result of their Union obligations; the way in which the international identity of the Union may be represented by the Member States alongside the Union. Keywords:European Union; international agreement; Member States; sovereign States; Union Law
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This paper talk about the international agreement which falls, at least in part, within the exclusive competence of the European Union, and yet the Member States are parties to the agreement and the Union is not. The paper has explored the Union law obligations that arise for the Member States, and the status of agreements within the Union legal order where those agreements are concluded by the Member States on behalf, and in the interests, of the Union. The Union's exclusive competence requires that the Member States act under Union authorization, that Union negotiating positions are formulated and adhered to. These agreements illustrate the constraints under which the Member States, although fully sovereign States, operate at an international level as a result of their Union obligations; the way in which the international identity of the Union may be represented by the Member States alongside the Union. Keywords:European Union; international agreement; Member States; sovereign States; Union Law
Key concepts: Member states, Political science, Law, European union, Sovereign state, Member state, Sovereignty, European Union law