Relationship of community traffic rights and international conventions

Abstract

The Lisbon Treaty has established the Union as a legal personality. It opens for mixed agreements on foreign policy and community topics. In areas where the Union legislates, the EU can sign various kinds of agreements on behalf of the member states, who are consequently not allowed to negotiate international agreements on their own (autonomously) in these areas. The European Union's accession to the Convention concerning International Carriage by Rail (COTIF) represents a historic step for the railway community. This relationship is now clear: a disconnection clause in the accession agreement in principle allows EU law precedence for traffic internal to the EU. The relationship between EU law and COTIF law is there more about coordination than disconnection.

Keywords

• The Lisbon Treaty and EU as a legal personality
• signing international agreements
• relationship between international agreements and EU legislature
• disconnection clause