THE INFLUENCE OF THE EU’S NEW LEGAL PERSONALITY ON ITS LEGAL SYSTEM
NIKOLAY MARIN
Abstract
The legal personality of the European Union is an exceptionally important question which gains its legislative development in the light of the Lisbon Treaty. Thereby for the first time the legal personality of the EU is confirmed in the primary legislation although under certain conditions. The article attempts to give an answer of the question what is the European Union as a subject sui generis in accordance with the Public International Law. Furthermore, it represents some of the main prerequisites that influence on the development of the EU’s legal system after the depillarization within the area of freedom, security and justice.
Key words
legal personality of the international organizations, juridical personality of the EU, legal system of the EU
References
Zaharieva, J., European Union – ambitions and realities, European integration and media, Tempus project, University Centre for continuous training of journalists, Sofia, 2001, p. 37
Bindschedler, R.L., ‘International Organizations, General Aspects’, in Bernhardt, R., ed., Encyclopedia of Public International Law, vol. 5 (‘International Organizations in General. Universal International Organizations and Cooperation’), 1983, pp. 119-140, 120
Brownlie, I., Goodwin, G., “The Inter-Parliamentary Union, (IPU), Joint Opinion, Geneva, Switzerland, 1999, p.6
Reparation for Injuries Suffered in the Service of United Nations. Advisory Opinion, ICJ, Rep. (1949), p. 174 at 179
Nanette, A.E.M., Neuwahl, “Legal personality of the European Union- International and Institutional aspects, European Union and the International Legal Order: Discord or Harmony?”, T.M.C. Asser press, Hague, 2001, p.6
Yankov, A., Unilateral acts in contemporary international law, Current issues of international law, Collection of scientific papers dedicated to Prof. Vladimir Kutikov, “St. Kliment Ohridski” University Press, Sofia, 2000, p. 138
Gonzales, L. D., Second report on relations between States and International organizations, Special Rapporteur, Extract from the Yearbook of the International Law Commission, 1985, Vol. II (1), p.107
Treaty establishing the European Community Coal and Steel of 1951
http://eurlex.europa.eu/bg/treaties/index.htm
Semov, A., Treaties of the EC and EU revisions of Amsterdam and Nice , the most important Protocols and Declarations, Textbook, “St. Kliment Ohridski” University Press,Sofia, 2004, p. 195
Semov, A., 55 most important decisions of the European Court of Justice with comments, European Law Institute, Sofia, 2007, p. 13
Akehurst, M., “A modern introduction to International Law, Second Edition”, Minerva series, 1971, George Allen and Unwin, Ltd, L., p. 95
Maduro, Poiares, “Opinion of Advocate- General, Case C-402/05 P, Yassin Abdullah Kadi v Council of European Union and Commission of the European Communities”, Case 294 /83 Les Verts [1986] ECR 1339, para. 23, European Constitutional
Law Review, 2008, Vol. 4 Issues 1, p. 9
Savov, E., European Union and its legal system, University Foundation – Plovdiv, Plovdiv, 2005, pp. 134-135
Arcas, L., R., “EU Legal Personality in Foreign Policy?”, Boston University International Law Journal, [Vol. 24 : 165], p. 169
Savov, E., Marin, N., Law of the European Union taking into account the Treaty of Lisbon, Iranik, Blagoevgrad, 2009, p. 134
Treaty of Lisbon amending Treaty of the European Union and the Treaty establishing the European Community, Official newspaper of the EU, C 306/38, 17.12.2007
Declaration concerning the legal personality of the European Union, Official newspaper of the EU, С 115/346, 9.5.2008
Lenearts, K., “The Contribution of the European Court of Justice to the Area of Freedom, Security and Justice”, International and Comparative Law Quarterly,
Vol. 59, April 2010, p. 301
Belova, G., Links and interaction between European Union law and International
right, Current issues , aspects and perspectives international relations, Vol. 2, Collection in honor of 70th anniversary of Prof. Dr. Milan Milanov, South-West University “Neofit Rilski” Press, Blagoevgrad, 2010, p. 60
Statement on the occasion of the 50th anniversary of the Treaties of Rome, Germany, Presidency of the European Union, 2007, p. 2
David, R., “The European Union and its Legal Personality”, papers.ssrn.com/sol3/papers.cfm?abstract_id=1566492,p.26
Full Text: PDF (Bulgarian)