Understanding the EU: International Organization?

• The essay explores the classification of the European Union (EU) as an international organization, a federation, or a sui generis entity
• It assesses whether fitting the EU into known categories adequately captures its true nature

EU as an International Organization

• The European Communities and the EU began as entities of international law, founded through treaties like the TEU and TFEU
• The EU's status in international law has not been explicitly confirmed by the EU or its predecessors
• Many legal experts view it as an evolved international organization
• EU law's legal basis is from international treaties, and international law's flexibility allows unique organizations like the EU
• The EU's member states and institutions have been reluctant to explicitly define the EU's nature
• Member states have tacitly acknowledged the EU as an international organization through participation in multilateral treaties referring to it as such
• National constitutional law in member states predominantly views the EU as an international organization, where state sovereignty is exercised in common
• The European Court of Justice (ECJ) has avoided definitive classification, leading to academic debate
• Early judgments like Van Gend Loos and Costa provided comments on the EU's ambiguous nature
• The ECJ held that the Community constituted “a new legal order of international law”
• Some interpret this as distancing the EU from traditional views of international organizations
• The ECJ later dropped 'of international law' and referred to the EEC as a “new legal order” in the Costa case
• The EU's foundation in international treaties and recognition in multilateral agreements supports its consideration as an international organization

The EU as a Federation

• Wyatt and Dashwood describe the EU as “a developed form of international organisation which displays characteristics of an embryonic federation”
• The EU has a structured legal hierarchy, with EU law taking precedence over national law
• EU laws have a direct binding effect on member states, similar to federal laws
• The EU exercises exclusive competences and can override national decision-making, akin to federal governance
• The primacy of EU law is a frequently cited argument for federal characteristics
• The enforcement of federal law is handled primarily by federal courts in countries like Germany
• The ECJ intervenes in legal conflicts between national and EU law through infringement proceedings
• The EU possesses major dissimilarity between the EU and federal states
• The EU's enforcement mechanisms do not fully replicate a federal system
• The EU displays characteristics of a federal state, it appears distinct from international and federal classifications

The EU as "Something Else"

• Throughout history, there have been attempt to redefine the EU's nature
• Rosas and Armati claim, the EU is a constantly evolving target
• Notable terms have been proposed, such as Staatenverbund in Germany and fédération d'Etats-nations in France, though are not EU wide
• The term Staatenverbund intends middle the ground between the Bundesstaat, meaning federal state, and the Staatenbund (meaning confederation of States)
• The term supranational organisation has generally fell out of use
• The European Union is sui generis as it doesn't solely fit the expected definition
• It does not fit in the federal or international categories.
• De Witte proposed labeling it a ‘sui generis state’
• Hlavac suggests a refinement of the label to ‘sui generis project'
• It embraces the strongest the strongest aspects of the other aspects

Conclusion

• The legal status of the EU remains somewhat ambiguous
• Foundations in treaties and recognition in multilateral agreements support its international organization
• The depth, legal hierarchy, and the use of it's law to its members suggest the characteristics of a federation
• Sui generis encompasses it the best, and acknowledges its hybrid nature, its legal uniqueness
• Offers a comprehensive framework for understanding the EU
• The EU is a sui generis project which is significant not just for academic debate but also for legal and political practice