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European Integration and the Western Balkans

von Prof. Dr. Avni Mazrreku

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[1.] Ama/Fragment 032 11 - Diskussion
Zuletzt bearbeitet: 2017-05-31 07:50:33 PlagProf:-)
Ama, BauernOpfer, European Convention 2002, Fragment, Gesichtet, SMWFragment, Schutzlevel sysop

Typus
BauernOpfer
Bearbeiter
SleepyHollow02
Gesichtet
Yes
Untersuchte Arbeit:
Seite: 32, Zeilen: 11 ff.
Quelle: European Convention 2002
Seite(n): 1, 2, 3, Zeilen: 1: 2 ff.; 2: 8 ff.; 3: 2 ff.
Under a mandate from the presidium of the Convention, the Woking Group III of the European Convention on the Legal Personality was established to examine the following matters: 140

— the consequences of explicit recognition of the Union's legal personality,

— the consequences of a merger of the Union's legal personality with that of the Community,

— the impact on the simplification of the Treaties.

The Working Group also examined the implications which the Union's single legal personality would have on the procedures for negotiating agreements and saw a need for a single article in the new Treaty, based on the Article 300 TEC, to be supplemented by Articles 24 and 38 TEU. Some amendments were proposed to Article 24 TEU in order to take account of the Union's single legal personality. One fundamental issue concerned identifying a simpler and more effective procedure for negotiating agreements, in particular those coming under several "pillars" at the same time. External representation of the Union was also discussed. Other topics discussed and on which broad consensus was reached included the need to establish judicial control in this area and to provide for systematic consultation of the European Parliament.141 The Working Group decided by a broad consensus (with one member against) to recommend conferring explicit legal personality on the Union. The present situation was found to be ambiguous in a number of ways and likely to undermine affirmation of the Union's identity at international level and of legal certainty, both of which are essential in international relations with third States and international organisations. The Working Group considered two possible options: either the Union would have a legal personality alongside those of the European Community and Euratom, or it would be explicitly given a single legal personality to replace the existing legal personalities. A majority of the Working Group felt that the Union's legal personality should replace that of the European Community and of Euratom, although some members of the Working Group suggested that the [inclusion of Euratom was not absolutely essential given the specific nature of that Treaty.]142


140 The European Convention, Final Report of Working Group III on Legal Personality, CONV 305/02, Brussels, 1 October 2002(02.10), p. 1

141 Ibid., p. 2

[142 Ibid., p. 3]

1. Under the mandate received from the Praesidium of the Convention, the Working Group was to examine the following matters:

– the consequences of explicit recognition of the Union's legal personality;

– the consequences of a merger of the Union's legal personality with that of the Community;

– the impact on the simplification of the Treaties.

[...]

4. The Group also examined the implications which the Union's single legal personality would have on the procedures for negotiating agreements and saw a need for a single article in the new treaty, based on the current Article 300 TEC, to be supplemented by Articles 24 and 38 TEU. Some amendments were proposed to Article 24 TEU in order to take account of the Union's single legal personality. One fundamental issue was that of identifying simpler and more effective procedures for negotiating agreements, in particular for those coming under several "pillars" at the same time. The external representation of the Union was also discussed.

5. Other aspects were discussed and were the subject of broad consensus, namely the need to establish judicial control in this area and to provide for systematic consultation of the European Parliament. [...]

8. The Working Group decided by a broad consensus (with one member against) to recommend conferring explicit legal personality on the Union. The present situation was found to be ambiguous in a number of ways and likely to undermine affirmation of the Union's identity at international level and legal certainty, both of which are essential in international relations with third States and international organisations.

9. The Working Group considered the two possible options: either the Union would have a legal personality alongside those of the Community and Euratom, or it would be explicitly given a single legal personality to replace the existing legal personalities. [...]


2 A majority of the Working Group felt that the Union's legal personality would replace that of the Community and of Euratom, although some members of the Group suggested that the inclusion of Euratom was not absolutely essential given the specific nature of that Treaty.

Anmerkungen

While the source is indicated in all three footnotes, nothing has been marked as a literal quote.

Sichter
(SleepyHollow02), PlagProf:-)


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Letzte Bearbeitung dieser Seite: durch Benutzer:PlagProf:-), Zeitstempel: 20170531075218

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