Mezi loajalitou a suverenitou: smíšené mezinárodní dohody a napjata povinnost loajální spolupráce

Šafář, Jan

Between loyalty and sovereignty: mixed international agreements and the strained duty of loyal cooperation This rigorous thesis entitled Between Loyalty and Sovereignty: Mixed international agreements and the strained duty of cooperation in EU External Relations Law deals with mixed international agreements and the duty of loyal cooperation enshrined in article 4(3) of the Treaty on European Union. This duty is a necessary prerequisite for ensuring the European Union`s unified stance in international relations. The central theme of the thesis is the constant tension between the requirement for unity in the EU`s stance and the tendency of Member States to assert their sovereignty, domestic policies, or their own value frameworks. The author of the thesis asked how the duty of loyal cooperation is actually applied in the context of mixed international agreements and at what points it appears to reach its limits as a result of political tensions. The first chapter analyses the legal framework of mixed agreements and examines the division of powers between the European Union and its Member States. The author points out that determining whether a particular international agreement is mixed is not only a matter of legal qualification, but often also the result of political compromise and political...

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