IGC negotiators to debate EU’s future legal identity

Date: 25/07/1996

IGC negotiators will consider whether to give the EU its own legal personality for the first time when they next meet in early September.

The failure of the Maastricht Treaty to provide the Union with its own legal identity has fuelled confusion, especially in the Union's relations with third countries and international organisations, as it means that the EU as such cannot conclude international agreements.

This is currently being dealt with in a patchwork of ways: sometimes it is the Commission which puts its signature to a deal, while on other occasions accords are jointly signed by the presidents of the Council of Ministers and the Commission.

Pressure is now growing to end the unsatisfactory legal and political anomaly between progressive recognition of the Union's capacity to act as an international negotiator and the absence of any explicit legal personality.

Two options will be on the table at the 3 and 4 September meeting of IGC negotiators. The more ambitious are expected to back proposals to make the EU a fully-fledged legal personality, allowing it to own property, be a party to legal proceedings and sign international agreements.

A more restrictive version would enable the Union to conclude international accords in certain intergovernmental areas of common foreign and security policy (CFSP) and justice and home affairs.

Despite the uncertainty over the Union's legal standing, there is a growing consensus among governments that the EU should have a strengthened ability to pursue CFSP objectives, some of which may involve the use of military resources and capabilities.

“It seems to me there is an emerging agreement to have the Petersberg tasks included in some form in the treaty, although the precise location and way this would be drafted are still to be seen,” said IGC group chairman Noel Dorr after this week's meeting.

The current draft wording suggests that the CFSP “shall include humanitarian and rescue tasks, peace keeping, crisis management and all questions related to the security of the Union, including the progressive framing of other elements of a common defence policy”.

The UK this week formally declared its hand by tabling detailed proposals to reform the European Court of Justice. These were accompanied by draft legal texts to prevent quota hopping by fishermen, change the rules on Trans-European Networks, promote animal welfare, improve the quality of EU legislation and ensure full competition in agricultural products.