"Towards a common EC foreign and security policy: phases of European political union"

Laursen, Finn. (1991) "Towards a common EC foreign and security policy: phases of European political union". In: UNSPECIFIED, Fairfax, Virginia. (Unpublished)

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Abstract

[From the Introduction]. The European Community (EC) already plays an international role. In the case of the European Coal and Steel Community (ECSC) this is based on article 6 of the Paris Treaty which clearly states that "in international relations the Community shall enjoy the legal capacity it requires to perform its functions and attain its objective". In the case of the European Economic Community (EEC) there is no similar article, but the Treaty of Rome does give the EEC an international role in various economic areas, especially in the area of commercial policy (art. 113). This, for instance, is why it is the EC Commission which negotiates in the GATT on behalf of the Community. But the European Court of Justice (ECJ) has enunciated the general principle that "in its external relations the Community enjoys the capacity to establish contractual links with non-member States over the whole field of the objectives defined in . . . the Treaty." (2) So, to give an example, the moment the EC has developed a Common Fisheries Policy, based on the Treaty of Rome, this gives the EEC a competence to negotiate fisheries agreements bilaterally with Third Countries or multilaterally within international fisheries commissions. (3)

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