13. Kollár, Milan: Legal capacity of the European Union to conclude international treaties



The Treaty on European Union, also called the Maastricht Treaty, brought into being a new international organization called European Union, but the Treaty contains no stipulation that endows the European Union with international legal personality. However, Article 24 of the EU Treaty permits the conclusion of international agreements by the European Union. This article spurred a vivid discussion within academic circles as to whether the European union possesses international legal personality. On the basis of an interpretation of the relevant provisions of the EU Treaty and in light of the subsequent practice of the European Union and the Member States can be concluded that the European Union has an implied legal personality and that Article 24 provide the necessary legal basis for conclusion of international agreements.

The Lisbon Treaty is intended, among others, to solve the confusing duality between the European Community and the European Union in the external activities by merging the stipulations of the existing Treaties and by explicit granting legal personality to the European Union.