2017

Abstract: The European Union is a special subject of international law that acts on the international stage in accordance with the rules governing international intergovernmental organizations. 

At the domestic level, according to Declaration No. 17 on Supremacy, annexed to the Treaty of Lisbon, “the Treaties and the legislation adopted by the Union on the basis of the Treaties take precedence over the domestic law of the Member States,” in accordance with the method of integration used for the adoption of European legislation by supranational institutions. 

The member states have agreed to transfer some of their powers and areas of national sovereignty to this organization in order to maintain peace, the well-being of the peoples, and the sustainable development of Europe. 

It is clear that the Union’s values, objectives, principles, and structure are designed in a specific way, but in accordance with the principles of the United Nations Charter, which lead “to the strict observance and development of international law.” 

The distinctive characteristics of the European Union as an international actor can be identified in relation to: 

– third countries and other international organizations; in this regard, the conditions for access to the Union, the procedure for the negotiation and conclusion of international agreements by the European Union, and the inclusion of a human rights clause in international trade agreements are key elements of the Union’s characteristics; 

– Member States; the eurozone, European citizenship, the four fundamental freedoms, and the direct applicability of certain provisions of European law could be included among the distinctive features of this area of international law. 

In the current international and national context, it is necessary that, in accordance with the principle of sincere cooperation enshrined in Article 4 of the Treaty on European Union, “the European Union and the Member States … shall assist one another in carrying out the tasks arising from the Treaties,” by undertaking tasks at the international level and identifying, together with the international community, appropriate solutions to national and international challenges.

 

Keywords:national sovereignty, special subject of international law, the specificity of the European Union, the European Union’s external competences, trade agreements, the “fundamental rights” framework, cooperation with third countries and humanitarian aid, the European Neighborhood Policy (ENP), the Common Foreign and Security Policy (CFSP), the legal basis for the EU’s external actions.