Legal Nature of CFSP’s Acts in the Acts of the Council of the European Union

Abstract

In his article the author considers it to be vital to dwell on the legal nature of the acts adopted by the Council of EU. In the author’s opinion the understanding of the nature of common positions and joint actions of EU is important both from theoretical and practical side especially in the context of developing the framework of future cooperation between EU and Russia in the sphere of common security space. It is known that CFSP is an intergovernmental sphere of cooperation of EU member states and is based on the chapter 5 TEU. Nevertheless the regime of CFSP is also connected with the regime of the external relations of EU which is governed by the separate agreement – Treaty Establishing European Community, the so called Rome Treaty of 1957.The author of the article reminds us that the legal regime of CFSP even if it exists may be considered to have a very complex nature. Analyzing common positions and joint actions of EU as the legal instruments of CFSP the author gives various opinions of European specialists and shows his own knowledge on the subject. He makes an attempt to define categories of common positions of EU as well as joint actions of EU. Besides the readers have an opportunity to keep track of the essence of these acts adopted by the Council of EU. The author speaks about the addressees and different kinds of norms. He points out that these acts of the Council of EU are binding for EU member states but however member states remain to be the actors in CFSP. It is of great value that the author tries to make up his own conclusions and qualify common positions and joint actions of EU as to be the legal international norms of special nature (sui generis).The article is legally comparative and contemptuous.