Publication details

A la recherche d´une solution intersystémique aux rapports du droit international et du droit de l´Union européenne

Title in English In search of an intersystemic solution to the relations between international law and the law of the European Union
Authors

MALENOVSKÝ Jiří

Year of publication 2019
Type Article in Periodical
Magazine / Source Annuaire Français de Droit International
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords European Union law; international law
Attached files
Description European Union law constitutes a highly autonomous subsystem of international law, which supplants, by derogation, a very large number of rules of general international law having a jus dispositivum nature, but not all. Within the context of a conventional (particular) international law, the autonomy of European Union law ensures to this law independence, comparably with the phenomenon of sovereignty of its Member States. The European Union and its Member States possess personalities that coexist in general international law in a parallel way. Concerning relations between the European Union and third States, those States face the exceptional status of the EU in international law and subtle division and transfers of competences within the latter. Nevertheless, they do not act in a vacuum juris because general international law governs these relations through general principles of law or by analogy.

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