LEGAL AND INSTITUTIONAL PERSPECTIVES OF THE EUROPEAN UNION

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Gordana Gasmi, PhD

Abstract

This study focuses on the institutional perspectives of the European Union (EU) through the analysis of the relevant parts of the new Lisbon Treaty on the EU (2009). Special emphasis is put on the specific status of the EU in the international law, bearing in mind that the EU has obtained the legal personality recently, by entering into force of the Lisbon Treaty. This means its capacity to conclude various international agreements on behalf of the whole entity of the Union and to achieve the membership status in international organizations. Furthermore, clear division of the competences between the Member States and the European institutions has been made, together with listing of shared competences. The aim is to secure effective and smooth functioning of the EU. However, the final objective of the institutional improvements is to enable efficient enlargement of the EU. In concluding remarks, the author estimates that the process of the institutional reforms of the EU is not finished, but will depend on achievement of political unity through permanent negotiations within the Union. The current monetary crisis that has shaken the Union over the past few years indicates that the further reforms of the EU law, i.e., its constituent agreements, as well as reforms in the direction of the EU transformation into an important political factor, and not just an economic giant. To the extent that the EU is able to reconcile these contradictions and to fulfil the gap between its own economic success and attractiveness to non-member countries, on the one hand and its political inferiority and a lack of coherence at the EU level, on the other hand, to that extent future economic and legal prosperity of the Union will develop.

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Original scientific papers