Zaklјučenje sporazuma između država članica i trećih država kao izuzetak od vršenja spolјne nadležnosti Evropske unije

Čolović, Vladimir (2012) Zaklјučenje sporazuma između država članica i trećih država kao izuzetak od vršenja spolјne nadležnosti Evropske unije. Evropsko zakonodavstvo, 11 (39-40). pp. 11-25. ISSN 1451-3188

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Abstract

The EU legislation has adopted the Regulations that define the conditions under which Member States may, however, only exceptionally, negotiate on behalf of themselves and conclude international agreements with third countries – nonmember countries. Although it can be concluded that it is a foreign jurisdiction of EU, we must say that it is an individual act of Member States. Exclusive foreign jurisdiction exists if EU harmonizes a certain area of law or if that area is arranged in accordance with its internal jurisdiction in the way that these provisions include the rules relating to citizens of non-member states. The first regulation of these types is the Council Regulation (EC) No 664/2009 of 7 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries concerning jurisdiction, recognition and enforcement of judgments and decisions in matrimonial matters, matters of parental responsibility and matters relating to maintenance obligations, and the law applicable to matters relating to maintenance obligations. This Regulation deals with legal matters that are regulated by two separate Regulations. One relates to the marriage and parental responsibility and the other to the maintenance obligations. The latter one is the Council Regulation (EC) No 662/2009 of 13 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries on noncontractual obligations. This Regulation also regulates the topics that are governed by the Regulations which, in particular, regulate the issues related to contractual and non-contractual relationships. These Regulations were adopted on the basis of Article 307 of the Treaty establishing the European Community. However, it must be said that the basis for the functioning of the Community is the implementation of common policies, when common rules adopted, regardless of their form. Then, the Member States have no right to act individually or collectively concerning the obligations assumed by the nonmember countries. But, if at the request of the Member States the EU Commission has approved that the Member States can conclude a new agreement or modify the existing ones with a third country, then some questions from the areas that are regulated by the Regulations can be governed between these states. However, this does not affect the above mentioned implementation of the common policies. These Regulations are very significant not only because of the possibility of concluding such agreements, but also because of the possibility that very close states, of which only one is a member of the EU, can regulate certain relations in these areas. The importance of these regulations for the Republic of Serbia is large, given its current position of a candidate for the EU membership. A series of bilateral agreements are in force between the Republic of Serbia and the EU Member States, which Serbia signed while it was still a part of Yugoslavia.

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