Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-20T16:17:07.925Z Has data issue: false hasContentIssue false

3 - Independent Responsibility of the EU and Its Member States

from Part I - The Legal Foundations of the International Responsibility of the European Union

Published online by Cambridge University Press:  09 December 2021

Emilija Leinarte
Emilija Leinarte
Affiliation:
University of Cambridge
Get access

Summary

Chapter 3 looks at the rules of the organisation. It concludes that the European Commission’s claim that international responsibility follows the internal division of competences does not find support in international dispute-settlement practice. The book reveals that the European Union and its Member States are independently responsible for their joint obligations. The central argument is that while states are free to transfer their powers to an organisation, their international obligations are non-transferable.

Keywords

European UnionMember Statesprinciple of independent responsibilitydivision of competencesEuropean Commissionnon-circumventionthe Energy Charter Treatythe European Court of Human RightsWorld Trade Organisationjoint obligations
Type
Chapter
Information
Functional Responsibility of International Organisations
The European Union and International Economic Law
 , pp. 39 - 69
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×