Publication details

Mezinárodní smlouva jako možný perspektivní nástroj další evropské integrace

Title in English International Treaty as a Potential and Perspective Mechanism of European Integration

TÝČ Vladimír SEHNÁLEK David

Year of publication 2017
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Field Law sciences
Keywords European Integration; Subsidiary Agreements; Competences of the European Union; International Treaty; Treaty on Stability Coordination and Governance in the Economic and Monetary Union; Agreement on a Unified Patent Court.
Attached files
Description The article is focused on various possibilities of further development of the EU as they are predicted by the EU Founding Treaties. Main attention is dedicated to so called subsidiary agreements which are concluded by member states of the EU outside the scope of the EU’s competence. These agreements are thus source of international law. This solution has a number of indisputable advantages. Outside the scope of EU competence, it is possible to conclude an agreement on any issue of common interest. Through subsidiary agreements the member states may flexibly respond to new needs without the necessity of complicated changes of Founding Treaties. This method also solves the problem of democratic deficit by greater involvement of national parliaments and it also overcomes some political problems which always occur should the EU powers be expanded. In the second part of the article the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union and the Agreement on a Unified Patent Court are closely analyzed. Both the treaties are examples of closer integration among member states basically out of the structure of the EU and its law. At the same time, however, they are an problematic example since they both more or less have some institutional links with the EU or interfere with its competences. On the contrary, both authors prefer a solution where international treaties have no link to EU whatsoever.

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