| Popis: |
This chapter argues that the EU has created a new use for the mechanism of provisional application of treaties foreseen in Article 25 VCLT. Differently from established rationales for relying on provisional application, the EU as a federal polity uses it to allow effective external action of the federal level without pushing out the Member States from the international plane (as would be the case in a typical federal polity). In EU terms, the PIL mechanism of provisional application facilitates the internal EU decision for mixed agreements. While useful and rather elegant, reliance on this mechanism also raises a host of further legal questions, both under PIL and EU law. The present chapter focuses on the latter and looks into how the Council of the EU defines the scope of provisional application; how these decisions should in theory be informative of the delimitation of competences within the EU but in practice are not; and how provisional application can be terminated on the EU side. |
