scholarly journals INTERNATIONAL RESPONSIBILITY OF THE EUROPEAN UNION FORE THE ACTIVITIES OF ITS MILITARY OPERATIONS

2014 ◽  
Vol 18 ◽  
pp. 33-59
Author(s):  
Gloria Fernéndez Arribas
Author(s):  
Freier Luisa Feline ◽  
Karageorgiou Eleni ◽  
Ogg Kate

This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.


2013 ◽  
Vol 22 (1) ◽  
pp. 59-89
Author(s):  
Simone Vezzani

As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.


2020 ◽  
Vol 26 (1) ◽  
pp. 119-122
Author(s):  
Marius Pricopi

AbstractThe European Union’s military operations represent and essential vector in implementing the priorities of the Joint Africa-EU Strategy that was signed in 2007, as an official acknowledgement of the geographical, historical and cultural relations between the two continents. In its’ pursuing of a strengthened profile in the EU, Romania has been a constant contributor to such military initiatives. Therefore, in this paper we review the national contribution to the ongoing military operations conducted by the European Union in Africa, presenting and analysing relevant data regarding the deployment of Romanian troops in such faraway regions.


Author(s):  
Cremona Marise

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.


2017 ◽  
Vol 23 (1) ◽  
pp. 260-264
Author(s):  
Marius Pricopi

Abstract The United Kingdom’s choice to withdraw from the European Union (Brexit) took many by surprise, including a good part of the „Leave“ voters. The repercussions of this vote are in full display and affect each and every area of the community life. Considering different indicators (such as the number of troops deployed by the United Kingdom to military operations conducted by the European Union or the British contributions to the Battlegroups), in this paper we submit to analysis the United Kingdom’s stance in the process of military integration within the European Union in the period before the Brexit Referendum (2011-2015); we mainly argue that - although regrettable - Brexit will not significantly affect the day-to-day activities and projects conducted within the Common Security and Defence Policy.


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