The Responsibility of Member States of International Organizations: A Special Case for the European Union?

Abstract

This article outlines the contours of the special case of the EU in the context of the general question of the responsibility of a member State of an international organization. The special case of EU member States is connected with the modus operandi of the EU in general, and the fact that the implementation of EU acts is largely carried out by national authorities rather than by the EU relying solely on its own organs. This special case is also connected with the phenomenon of so-called ‘mixed agreements’ to which both the EU and its member States are parties. In both situations, the role of the member States is important and appears as part of the normal conduct of the organization. Against the background of these observations, the paper reviews the central concepts of legal personality, competence and responsibility in order to consider and assess the special case of the EU in a broader international law context. The paper also reviews recent legal developments which bear on the assessment of the special case of the EU.