Mezinárodní instituce
EU: sui generis mezinárodní instituce
Ivo Pospíšil

Osnova
1)Charakteristika ES/EU
2)Paradigmata integrace
3)Právní teorie integrace
4)Internacionalismus v. evropský konstitucionalismus
5)Praktické aspekty fungování EU

Charakteristika ES/EU – srovnání s mezivládní mezinárodní organizací
lDefinice:
la) Clive Archer (International Organizations):
l- formal and continuous international structure founded on the agreement achieved by the sovereign
states and aimed at maintaining the common interest of the members
lb) legal definition (art. 1, Annex IX. to the UN Convention on the Law of the Sea):
l- intergovernmental organization constituted by States to which its member States have transferred
competence over matters governed by this Convention, including the competence to enter into
treaties in respect of those matters
l

Charakteristika ES/EU – srovnání s mezivládní mezinárodní organizací
lFeatures:
la) Contractual-based (statute with the character of international agreement signed by -  at least
- 2 states)
lb) Permanent seat
lc) Formal structure and its Bodies (bodies formulating the policy of the organisation itself:
assemblies, conferences, councils, summits etc.; supervisory bodies: tribunals, commitees etc.)

Charakteristika ES/EU – srovnání s mezivládní mezinárodní organizací
ld) Membership – only states (principle of sovereign equality, voting equality: exceptions are the
economic organizations with the vote weighting systems – Intl. Monetary Fund, World Trade
Organisation, European Communities/Union)
le) Common Aims – achievement of common interest in the given field
lf) Funding and Common Budget
l

Specifika ES/EU
l
lEC/EU was founded by and is based on the international treaties that demand unanimous consent of
all the member states
lMember states delegated a part of its sovereignty (they gave up their domestic competences in
favor of the EC/EU bodies
lContrasting the international organizations the delegated competences are realised jointly – the
(legal) acts are passed in the system of majority voting, not unanimously (the member states lost
the veto power) – it is preserved only in the spheres of common foreign policy and cooperation in
the judicial and criminal matters (the so-called second and third pillar of the EU)
l

Specifika ES/EU
lthe EC legal acts unlike the acts of international organisations are directly applicable and
superior to the domestic law
lthe institutional structure resembles the intra-state system of checks and balances between the
executive, legislative and judicial powers: Commission – Council of Ministers – Parliament – Court
of Justice
lthe role of ECJ as a „constitutional court“ – it articulated the fundamental principles of EC law
as a supranational legal order
l

Paradigmata integrace
lviz prezentaci „European Constitutionalism“