The EU-Turkey Statement, the Treaty-Making Process and Competent Organs. Is the Statement an International Agreement?

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2017 2(1), 303-309 | European Forum Insight of 9 April 2017 | (Table of Contents) I. Introduction. - II. The existence of an international agreement concluded between States. - III. Characteristics of international organizations and their effect on the EU-Turkey Statement: the competent organs. - IV. Changes in the acquis communautaire as evidence of the conclusion of an international agreement. - V. Concluding remarks. | (Abstract) The EU-Turkey Statement has undergone multiple analyses regarding issues of human rights and refugee law. One of the most controversial matters among scholars is its nature as an international agreement. This insight will analyse the legal nature of this statement, on the basis of the international law of treaties, the law of international organizations and EU law, in order to conclude on the difficulties considering it as an international agreement.

Keywords

• eu-turkey statement
• international agreement
• competent organ
• treaty-making capacity
• non-binding norms
• art. 218 tfeu