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The International Responsibility of the European Union— the EU Perspective: Between Pragmatism and Proceduralisation

Delgado Casteleiro, Andrés

The International Responsibility of the European Union— the EU Perspective: Between Pragmatism and Proceduralisation Thumbnail


Authors

Andrés Delgado Casteleiro



Contributors

C Barnard
Editor

A Albors-Llorens
Editor

MW Ghering
Editor

Robert Schütze
Editor

Abstract

EU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and in its accession to the European Convention on Human Rights the problems linked to this way of managing the EU's international responsibility. Overall, it argues that instead of complex and slow procedures or ad hoc pragmatic solutions, the EU should adhere to a rule-based approach which is at the same time pragmatic and respects the principles underpinning the proceduralisation of responsibility.

Citation

Delgado Casteleiro, A. (2013). The International Responsibility of the European Union— the EU Perspective: Between Pragmatism and Proceduralisation. The Cambridge yearbook of European legal studies, 15, 563-586. https://doi.org/10.1017/s1528887000003165

Journal Article Type Article
Publication Date Jan 1, 2013
Deposit Date Jul 22, 2014
Publicly Available Date Mar 29, 2024
Journal The Cambridge yearbook of European legal studies.
Print ISSN 1528-8870
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
Volume 15
Pages 563-586
DOI https://doi.org/10.1017/s1528887000003165

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Copyright Statement
© Centre for European Legal Studies, Faculty of Law, University of Cambridge 2012




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