EUROPEAN UNION LAW AS AN APPROPRIATE LEGAL REGIME – BETWEEN MYTH AND REALITY

JUTRONIĆ Antonia (Министарство спољних послова Републике Србије), antonia.jutronic@gmail.com

This article deals with the phenomenon of the fragmentation of the Public International Law to illustrate how the so-called self-contained regime such as the European Union tends to be exempted from the application of general rules and principles of Public International Law when it does not suit its proper interests. The focus of this article is to demonstrate how European integration processes contribute to disintegration processes which may be harmful to the unity of Public International Law. While demonstrating that the establishment of such regimes marginalizes States in their capacity of international law subjects, this work proposes the analysis of the interconnection between formal and material fragmentation of international law, in the case of activities of supranational institutions and organs of the European Union, particularly the Court of Justice of the European Union. Finally, it shows the particularities of the European Union when it interacts with other international law subjects, such as candidates for the European Union membership.

Keywords: Fragmentation of the Public International Law, Self-Contained Regime, European Union Law, European Integration, Court of Justice of the European Union