Skip to main content

Research Repository

Advanced Search

EU Declarations of Competence to Multilateral Agreements: A Useful Reference Base?

Casteleiro, Andrés Delgado

EU Declarations of Competence to Multilateral Agreements: A Useful Reference Base? Thumbnail


Authors

Andrés Delgado Casteleiro



Contributors

A Delgado Casteleiro xcnh62@durham.ac.uk
Other

Abstract

The participation of the European Union alongside its Member States in multilateral agreements can create situations of uncertainty for third parties. In order to deal with this uncertainty, the EU makes a declaration stating the extent to which the international agreement is governed by EU competence. However, these declarations of competence create uncertainty as regards their legal effects and effectiveness.This article aims to examine these issues by analysing these declarations from a practical perspective.The first section conceptualizes the declarations, first by establishing their basic features, second, indentifying their legal effects, and third, by identifying a list of problems attached to these instruments.The second section focuses on both the internal and the external practice regarding the declarations of competence.This section highlights how the increasing tendency of the European Court of Justice (ECJ) to rely on the declaration of competence is not mirrored in the external sphere. In fact, no declaration of competence has ever been invoked by a third party or used by an international court to apportion the responsibilities between the EU and its Member States.The third section assesses the overall effectiveness of the declarations balanced with the problems that they entail.

Citation

Casteleiro, A. D. (2012). EU Declarations of Competence to Multilateral Agreements: A Useful Reference Base?. European Foreign Affairs Review, 17(4), 491-509

Journal Article Type Article
Publication Date Jan 1, 2012
Deposit Date Oct 23, 2012
Publicly Available Date Mar 28, 2024
Journal European Foreign Affairs Review
Print ISSN 1384-6299
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 17
Issue 4
Pages 491-509
Publisher URL http://www.kluwerlawonline.com/europeanforeignaffairsreview

Files

Published Journal Article (128 Kb)
PDF

Copyright Statement
Reprinted from European foreign affairs review, 17(4), 2012, 491-509 with permission of Kluwer Law International.




You might also like



Downloadable Citations