EU Secondary Legislation not Binding to All Member States: Shouldn't We Prefer an International Treaty between Interested Members Instead?
|Year of publication||2015|
|Type||Article in Proceedings|
|Conference||Zborník z medzinárodnej vedeckej konferencie Bratislavské právnické fórum 2015|
|MU Faculty or unit|
|Keywords||secondary legislation, international treaty, enhanced cooperation|
|Description||In some cases, it is not possible to reach unanimity for the adoption of an act of secondary law, where the unanimity is required. There are dual standard solutions to such situations: 1. enhanced cooperation method eliminating Member States not interested in the proposed act or 2. non-participation of the refusing State on the basis of a general exemption granted to that State formerly on the primary law level. It seems that the method of international treaties (agreements) could be, for such situations, more appropriate.|