The Legal Personality of the European Union

In: Studia diplomatica: Brussels journal of international relations, Band 60, Heft 1, S. 233-243

Abstract

Explores the European Union's legal personality, highlighting the uncertainty characterizing it given the ambiguity of treaty texts & contradictions arising from a lack of consensus on formal recognition of that personality. After showing that the treaties establishing the EU did not explicitly cite a legal personality, discussed is the implicit conferment of a legal personality to the EU in international public law via the precedent set by International Court of Justice regarding the United Nations. Limits set by international public law on the legal personality of international organizations are examined before looking at the EU's practice in international relations, which is manifest in treaty-making power & the active & passive right of legation. Given the implicit nature of the EU's legal personality, formal recognition of it is advocated. D. Edelman