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  • 3 - Independent Responsibility of the EU and Its Member States

  • from Part I - The Legal Foundations of the International Responsibility of the European Union
  • Emilija Leinarte, University of Cambridge
  • Book:
    Functional Responsibility of International Organisations
    Published online:
    09 December 2021
    Print publication:
    16 December 2021, pp 39-69

  • Summary

    Chapter 3 looks at the rules of the organisation. It concludes that the European Commission’s claim that international responsibility follows the internal division of competences does not find support in international dispute-settlement practice. The book reveals that the European Union and its Member States are independently responsible for their joint obligations. The central argument is that while states are free to transfer their powers to an organisation, their international obligations are non-transferable.