They enumerate the commitments to which the Parties have consented. “the Minutes are not a simple record of a meeting |LS|…|RS| they do not merely give an account of discussions and summarize points of agreement and disagreement. In the case referred to above, which in many aspects is similar to the case at hand, the ICJ ruled: With regard to its content, there is little doubt that the Statement is not a mere declaration of principles, but rather a full-fledged normative scheme, spelling out specific conduct for the parties. c), of the 1969 Vienna Convention on the Law of Treaties). 23-30 the International Court of Justice (ICJ) applied customary law as codified by Art. Rather, the legal nature of an international instrument is to be determined on the basis of its contents and of the intent of its parties (see, along these lines, International Court of Justice, Maritime Delimitation and Territorial Questions between Qatar and Bahrain, judgment on jurisdiction and admissibility of 1 July 1994, paras. As is well known, the law of treaties does not give a special decisive meaning to the designation of an instrument to determine its legal nature. In spite of its elusive title, the Statement appears to be an international agreement. There is, however, a further reason to be critical, less evident but equally or even more insidious, concerning the nature of the Statement and the procedure followed for its adoption. This Statement has been harshly criticised in the press and in specialised blogs for its dubious consistency with international and European refugee law and with the imperatives of public morality. But the analysis of law as a possible disintegration factor would clearly be part of our brief.Ī classical and, to my knowledge, unprecedented example comes from the recent EU-Turkey Statement of 18 March 2016 on the large influx of migrants and asylum seekers in Greece. It is not our task to determine the multifarious factors, of a social, political or cultural nature, which led to the current state of things. It is disintegration, not integration, that seems to be the dominant motive behind the contemporary events in Europe it is the panacea offered to soothe the fears raised by the multiple crises which hold the present state of Europe in a tight grip it is the invisible thread keeping together the anxieties which underlie the scholarly discussions about its future. This is certainly not the most propitious time to publish a Journal “on Law and Integration”. The Zeitgeist is captured by the European Council in its recent meeting of 18 and 19 February, where it stated that the reference to an “ever closer Europe”, a formula which resounds in every founding instrument from Rome to Lisbon, has no interpretative effect the only possible effect that it could be reasonably deemed to produce.
Integration in the fields of rule of law and democratizationĮconomic, financial and social integration Integration through the Council of Europe The external action of the European Union The International Dimension of European Integration Police and judicial cooperation in criminal matters Judicial cooperation in civil matters and private international law Internal market - Economic freedoms of movementĮU Policies and the Area of Freedom, Security and Justice Internal Market - Freedoms of Movement and Competition Law Property and peaceful enjoyment of possession Solidarity and economic and social rights Human dignity, equality and non-discriminationĬitizenship and civil and political rights The European Integration Through Human Rights The Constitutional Dimension of the European Union
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