CEU eTD Collection (2007); Buchta, Tomas: Treaty making by the EU, Procedures and Institutions

CEU Electronic Theses and Dissertations, 2007
Author Buchta, Tomas
Title Treaty making by the EU, Procedures and Institutions
Summary The aim of this thesis is to analyze and give conclusions on whether the institutions participating in the treaty-making process of the EC and the EU have powers which correspond to their function. Every identified disproportionality in the mutual system of “checks and balances” will be critically analyzed and possible solutions will be proposed on how it can be eliminated by future institutional changes. Special focus will be dedicated to the problem of democratic deficit and to the role of the European Parliament in the treaty-making process.
The research will be based on actual wording of Article 300 of the Treaty establishing the European Community and Article 24 of the Treaty on European Union as interpreted by the European Court of Justice and opinions of legal scholars. In addition to this, the role of the executive and legislature under national constitutions will serve as inspiration for finding proper institutional balance.
By the means of concluding and implementing international agreements the Union can enhance its status on international stage and contribute to stabilization of conflicting regions as well as promotion of its fundamental values abroad. Classical example of this activity is the incorporation of so called “human rights clauses” into the agreements establishing development cooperation with third countries. This is why it is so vital to achieve mutual trust and effective collaboration among the institutions involved in the treaty-making process.
Supervisor Granger, Marie-Pierre
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2007/buchta_tomas.pdf

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