The International Responsibility of the European Union— the EU Perspective: Between Pragmatism and Proceduralisation

Delgado Casteleiro, Andrés

Abstract

EU management of its international responsibility for wrongful acts varies between a pragmatic approach and the proceduralisation of its responsibility. The EU either lays down complex procedures in order to manage the allocation of responsibility in order to (allegedly) preserve the internal division of competences or takes a pragmatic approach which disregards any internal division of competences. This chapter critically analyses these two trends in EU practice. More precisely, it identifies from the ongoing development in the incipient foreign direct investment policy of the EU and in its accession to the European Convention on Human Rights the problems linked to this way of managing the EU's international responsibility. Overall, it argues that instead of complex and slow procedures or ad hoc pragmatic solutions, the EU should adhere to a rule-based approach which is at the same time pragmatic and respects the principles underpinning the proceduralisation of responsibility.

Citation

Delgado Casteleiro, A. (2013). The International Responsibility of the European Union— the EU Perspective: Between Pragmatism and Proceduralisation. The Cambridge yearbook of European legal studies, 15, 563-586. https://doi.org/10.1017/s1528887000003165

• Journal Article Type: Article
• Publication Date: Jan 1, 2013
• Deposit Date: Jul 22, 2014
• Publicly Available Date: May 27, 2015
• Journal: The Cambridge yearbook of European legal studies.
• Print ISSN: 1528-8870
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 15
• Pages: 563-586
• DOI: https://doi.org/10.1017/s1528887000003165
• Public URL: https://durham-repository.worktribe.com/output/1447381