Multiplikacja osobowości prawnej organów Unii Europejskiej
The multiplication of the legal personality of the european union’s bodies
Author(s): Marek ZielińskiSubject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: european union’s bodies; legal personality
Summary/Abstract: The gradual increase in the number of EU bodies that are conferred with a legalpersonality which is different from the legal personality of the EU itself (multiplicationof the legal personality of EU’s bodies), has been a phenomenon noticeable within thefunctioning of this international organization for a long time. As a result, a number of EUbodies with legal personality have been created, which occupy a different position in itsorganizational structure and whose legal bases are defined in EU law of different ranks. Thearticle attempts to present a catalog of those bodies, as well as to determine the nature oftheir legal personality (the author takes into account three possibilities, i.e. the personalityof international law, EU law and national law). The author also draws attention to the effectsthat result for the functioning of the EU from the multiplication of the legal personality ofits bodies. One of the consequences is that each legal person must have its own internalorgans, which act on its behalf and exercise its legal capacity. Within the sphere of EUlaw, the existence of internal bodies of its legal persons was taken into account primarilyin the context of their capacity to become a party in the proceedings before the Court ofJustice of the EU. This may be seen for example with respect to the internal bodies of theEuropean Central Bank and the European Investment Bank. The effects of the existenceof EU bodies with legal personality may also be seen in the context of EU law provisionsthat relate to the implementation of the EU budget.
Journal: Opolskie Studia Administracyjno-Prawne
- Issue Year: XVIII/2020
- Issue No: 1
- Page Range: 145-160
- Page Count: 16
- Language: Polish
