A Brief Sketch on the European Union with the International Law Perspective

After the emergence of France — Germany compromise, steps for Europe integration has been taken with Schumann Plan. European Union started to take a shape under the conditions of Fusion Agreement. More importantly, the concept of “European Community” has emerged. In 1993, Copenhagen Summit has led the European Union to expand. Political, economic and sociologic criterias have been set and European Community principles have been determined in order to take a membership.

When we take a look to the international institutions and international society, we can briefly say that International Law is lack of “Executive Body”. The Executive Body is the body that ensures the enforcement of the sanction or the rule of law, based on the decision made by the enforcement authority. It limits the effectiveness of International Law. Nevertheless, the absence of an executive body in the International Law order does not mean that the International Legal order is not binding. As a matter of fact, there are general principles and concepts of law in the first place instead of the executive body. These principles limit the sovereignty of states by legal rules, therefore international law is accepted as a whole system, even though its effectiveness is limited by the absence of Executive Body. European Union is one of the actors in the charge as a Executive Body. In the literature, European Union has been recognized in the “Exceptional Stage” with its unique Supranational solution mechanisms where no other organization has been able to meet the requirements. It requires total integration and depth. European Union’s institutions are equipped with the authority similar to states’ authorities. Thus, authority sharing is carried out through supranational institutions. Common policies, budgets, rules and norms are determined as a whole formation. Legislative, executive, judicial and supervisory systems are established, or the established bodies are appointed in this way. With free movement, borders are removed. The sanction system has developed, effective sanctions are included in the legal order. Legislation is used by the Council of Ministers of the European Union. The executive is in the hands of the European Commission. The judiciary is used by the Court of Justice. Financial audit is in the hands of Court of Accounts of the European Communities; political control is provided by the European Parliament.

However, this type of organization requires cultural or regional proximity. It is very difficult to integrate, for example, Islamic states because they cannot provide these principles. So as a summary, European Union is a unique organization that meet some specific principles in order to maintain its presence. Moreover, it seems like there is no other international organization that meets these principles. CEREN AKTAŞ