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from Part III - A Practical Application of Consent-Based Monism
Published online by Cambridge University Press: 29 February 2024
The final chapter looks at the relationship between international and EU law. Also for this relationship it is decisive to, first, clearly identify how the EU can establish a consensus at the larger international level. This implies, on the one hand, that the EU is a subject of international law (Article 47 TEU and Article 335 TFEU) and, on the other hand, that the EU is competent to act concerning the subject matter (Article 3–6 TFEU). As both conditions are clearly satisfied by now, it is necessary to find out which organ is authorized to conclude an international norm (Article 216–219 TFEU). Second, it is important to determine the content of the consensus. This interpretation process is primarily the task of the level at which the consensus has been agreed. This is the international level. Third, this chapter holds that the effect of this consensus on the level of the smaller circle depends on whether the norm of the international circle is solely applicable, directly applicable or individualizing. This is demonstrated in this chapter by looking more closely at how the effect of an international treaty and customary international law unfolds within the EU legal order.
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