The Influence of External Competence of the European Union on the Conclusion of International treaties by the Member States in the Field of Private In Cover Image

Uticaj vanjske nadležnosti Evropske unije na sklapanje međunarodnih ugovora država članica u oblasti međunarodnog privatnog prava - osvrt na Uredbu EZ
The Influence of External Competence of the European Union on the Conclusion of International treaties by the Member States in the Field of Private In

Author(s): Jasmina Alihodžić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: External competence of the EU; Lugano Convention; Lisbon Treaty;„Brussels II“ Regulation; Regulation (EC) No. 664/2009

Summary/Abstract: External competence of the EU to enter into contractual relations with third countries and international organizations in the field of private international law is determined by the existence of internal (inter-european) competence to address the issues in this area, as well as through the realization of such competence by Community legal instruments. Analogously, the member states have lost the possibility of concluding international agreements with third countries in areas of private international law which are, on the Community level, determined by community legal instruments – regulations. Exceptionally, according to the rules of Regulation (EC) No. 664/2009 and under certain conditions, there is a possibility for the member states to enter into contractual relations with third countries in areas that are on the inner (inter - european) level regulated by Regulation “Brussels II” and Regulation (EC) No. 4 / 2009. This option is of extremely great importance for Bosnia and Herzegovina.

  • Issue Year: 3/2010
  • Issue No: 06
  • Page Range: 73-91
  • Page Count: 19
  • Language: Bosnian