Connected or Disconnected? The EU and Inter national Law Lecture 6: The EU and Succession. Conclusions Prof. Pieter Jan KUIJPER

The EU and the succession of the ECSC Historical examples of succesion. Transition League of Nations – UN Succession of the OEEC – OECD Imitated in the transition ECSC – EC 2002 Transfer of funds Transfer of rights and obligations from int. agreements Done by two unilateral but matching legal acts See Decisions of 19 July Lecture 6: Succession/Conclusion2

The succession ECSC-EC in the Courts Application of the cartel and state aid rules See Cases T-27/03 SP SpA v Commission, T-25/04 Gonzalez y Diez v Commission, T-24/07 ThyssenKrupp v Commission. Emphasizing Community law principles over international law rules on treaty succession. Unity of the Community legal order encompassing the ECSC and the EC treaties. Lecture 6: Succession/Conclusion3

The succession ECSC-EC in the Courts 2 Application of the cartel and state aid rules. Relation between ECSC and EC treaties is as lex specialis to lex generalis. The latter automatically fills the gap left by the disappearance of the former. Differentiation between substantive and procedural rules. The former follow the date of the facts; the latter follow the date of the decision. Lecture 6: Succession/Conclusion4

The succession of the EC by the EU No elaborate unilateral, but matching acts, as in the ECSC – EC transition. A simple notification from the new EU to the international organizations in which it is observer, member or full participant. A similar letter has been handed to the governments of all third States, where Comm had a delegation. A lot depends on the reactions to come. Lecture 6: Succession/Conclusion5

Conclusions Connected or Disconnected? Answer: connected and disconnected. Disconnected from international law in the sense that the own legal order has become important and considered worthy of protection. By the Court in the first place. Connected to international law in the sense that the EU legal system is still basically monist and rather generous with direct effect. Except in specific cases. Lecture 6: Succession/Conclusion6

Conclusions Connected and disconnected. Connected in that the EU gets slowly better access to international society: treaty accessions; admission as member or full participant to international organizations. Disconnected in that the EU is still considered a strange animal, whose access is not yet self-evident or quasi-automatic. Lecture 6: Succession/Conclusion7

Conclusions The Federal Dimension The MS are omnipresent in EU external action. They bring the need to externalize EU federal problems. Through false mixed agreements Through declarations of competence Through disconnection clauses Losing sovereignty is much more visible externally than internally. Lecture 6: Succession/Conclusion8

Conclusions The separation of powers/trias politica. EPs growing powers constitutionally recognized. The special place of the executive reaffirmed in the role of the HR and the Commission. The special caution of the Union Courts not to be in the way of the executive and the legislature in external relation confirms that. Lecture 6: Succession/Conclusion9