Question

European Organisations

What was the legal uncertainty with regard to legal personality of the European Union?

Answer 1

It shall be noted that by the virtue of article 47 of the Treaty on European Union (TEU) , the legal personality of the European Union is recognized, making it an independent entity in its own right.

By virtue of this, EU has the ability to:

• conclude and negotiate international agreements in accordance with its external commitments;
• become a member of international organisations;
• join international conventions, such as the European Convention on Human Rights , stipulated in Article 6(2) of the TEU.

However, there is legal uncertainty with regard to legal personality of the European Union.

1) There is legal uncertainties about the management of external relationships between Council and Commission

2) The rise and proliferation of agencies leads to uncertainty about the management of external relationships and establishment of contacts to international bodies

3) The possibility offered by article 24 Treaty on European Union for member states to request national ratification procedures, created environment of uncertainty on the full capacity of the European Union.