Multi-faceted Single Legal Personality and a Hidden Horizontal Pillar: EU External Relations Post-Lisbon

2014 ◽  
Keyword(s):  
Legal Personality ◽  
External Relations

1 Legal Status (Personality), 1.2 Case 22/70, Commission v Council ( European Road Transport Agreement ), Court of Justice of the EC, [1971] ECR 263

2016 ◽  
Author(s):  
Klabbers Jan
Keyword(s):  
Legal Status ◽  
Road Transport ◽  
Legal Personality ◽  
Court Of Justice ◽  
External Relations ◽  
International Legal Personality ◽  
The Relationship ◽  
The Eu

This note addresses arguably the CJEU’s most important external relations decision, in a case involving the relationship between Council and Commission, the powers of the EU to act externally, the implied powers doctrine in one of its many guises, and even the international legal personality of what was at the time still the EEC.

Multi-faceted Single Legal Personality and a Hidden Horizontal Pillar: EU External Relations Post-Lisbon

2011 ◽  
Vol 13 ◽  
pp. 87-111 ◽  
Author(s):  
Inge Govaere
Keyword(s):  
Case Law ◽  
Lisbon Treaty ◽  
Important Case ◽  
External Representation ◽  
Member States ◽  
Legal Personality ◽  
Legal Questions ◽  
External Relations ◽  
Pillar Structure ◽  
The Eu

AbstractThe Lisbon Treaty has fundamentally revised the external relations of the EU in pursuit of more visibility, coherence and consistency. The EU is, for instance, given a single legal personality, the pillar structure is (formally) abolished, new functions are created to reinforce its external representation and external policies appear to be streamlined. But is there more to it than meets the eye? A critical legal assessment is given of the major Treaty modifications relating to the EU external relations whilst addressing two underlying issues. First it is questioned whether the Member States have really given up their traditional reluctance to share fully the international scene with the EU. It is argued that the Lisbon Treaty in fact means to redress the balance in favour of intergovernmentalism under CFSP. A second crucial and related issue links to the silent dialogue with the CJEU to be discerned in the Lisbon Treaty. It wavers between the codification of important case law, such as Kadi, and attempts at containing or even reversing case law which was more prejudicial to the Member States’ interests, such as the Ecowas judgment. In so doing the Lisbon Treaty again raises interesting yet complex legal questions which will most likely necessitate further clarification through case law.

Multi-faceted Single Legal Personality and a Hidden Horizontal Pillar: EU External Relations Post-Lisbon

2011 ◽  
Vol 13 ◽  
pp. 87-111
Author(s):  
Inge Govaere
Keyword(s):  
Case Law ◽  
Lisbon Treaty ◽  
Important Case ◽  
External Representation ◽  
Member States ◽  
Legal Personality ◽  
Legal Questions ◽  
External Relations ◽  
Pillar Structure ◽  
The Eu

Abstract The Lisbon Treaty has fundamentally revised the external relations of the EU in pursuit of more visibility, coherence and consistency. The EU is, for instance, given a single legal personality, the pillar structure is (formally) abolished, new functions are created to reinforce its external representation and external policies appear to be streamlined. But is there more to it than meets the eye? A critical legal assessment is given of the major Treaty modifications relating to the EU external relations whilst addressing two underlying issues. First it is questioned whether the Member States have really given up their traditional reluctance to share fully the international scene with the EU. It is argued that the Lisbon Treaty in fact means to redress the balance in favour of intergovernmentalism under CFSP. A second crucial and related issue links to the silent dialogue with the CJEU to be discerned in the Lisbon Treaty. It wavers between the codification of important case law, such as Kadi, and attempts at containing or even reversing case law which was more prejudicial to the Member States’ interests, such as the Ecowas judgment. In so doing the Lisbon Treaty again raises interesting yet complex legal questions which will most likely necessitate further clarification through case law.

GEOPHYSICS OF ENTANGLED STATES OF THE COVID-19 PANDEMIC AND QUANTUM TELEPORTATION OF SARS COV-2 IN THE PLANET'S BIOGEOSPHERE

2020 ◽  
Author(s):  
Vladimir Gavrilov ◽  
Tatyana Antipova ◽  
Yan Vlasov ◽  
Sergey Ardatov ◽  
Anastasia Ardatova
Keyword(s):  
Entangled States ◽  
Classical Communication ◽  
Special Services ◽  
External Relations ◽  
Useful Signal ◽  
Experimental Process ◽  
The Russian Federation ◽  
Academy Of Sciences ◽  
Principle Of Complementarity

In their previous works , leading their history since 1988, the authors of this article have repeatedly conceptually shown and experimentally verified the results of research on the teleportation of information between macro objects. Early author's works were performed during the existence of the Russian Federation – as a country called the Union of Soviet Socialist Republics (USSR). Some of which were marked "Top Secret" - links further down the text. Since they were performed under the supervision of the relevant special services and further "Department of external relations of the Russian Academy of Sciences". The authors used numerous examples to demonstrate the possibility of teleportation of information in macro-systems, including ecosystem, biogeocenotic levels, and then tissue and organism levels. Successful experimental verifications occurred only in cases when all the principles and rules laid down in the theory of quantum information, applied to biological objects, were correctly combined. Namely, the preparation of cascades of entangled States was performed both on the mental and somatic levels. In full accordance with the principle of complementarity and taking into account the fact that the observer and the observed are actively connected by the sum of similarities. In addition, the role of the classical communication channel in this process was performed by carrier electromagnetic fields modulated by a useful signal. This signal represented a cast of the simulated experimental process. An example of a real COVID-19 pandemic is the verification of author's works in nature on a biogeocenotic scale. And certainly with anthropogenic – so to speak-participation.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Turkey’s foreign policy in perspective: Some regional and national interests

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 82-92
Author(s):  
Gekkaya Funda
Keyword(s):  
Foreign Policy ◽  
Political Ideology ◽  
Geographical Location ◽  
National Interests ◽  
Security Culture ◽  
Center Stage ◽  
External Relations ◽  
The World ◽  
Transit Route ◽  
And Control

The formation of external policy of any country aims at serving the state’s interests. For this matter, many countries seek their way through this by taking into account the potential prospects available to them. The fundamental subtleties and factors that influence a state’s choices of external policy include geographical location, history, security, culture, trade, political ideology, military might, et cetera. Countries often make external contacts based on some regulations and response to unfolding events. Thus, external policy to an extent pertains to the guiding principles outlined to be pursued through state values, decisions and actions taken by the states themselves and their attempt to develop, manage and control the external relations of national societies. In this regard, the Caucasian region has been an important factor in Turkey’s foreign policy. Since these states emerged in the early 1990s, energy has taken a center stage within the region, while Turkey remains a transit route to the world...

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