Bogoslovska smotra, Vol. 92 No. 4, 2022.
Izvorni znanstveni članak
https://doi.org/10.53745/bs.92.4.5
Termination of the Treaty Between the Holy See and Member-states of the European Union Due to the Alleged Incompatibility with the Legislation of the European Union – the European and International Aspect
Stjepan Novak
orcid.org/0000-0002-6600-4974
; Ministarstvo unutarnjih poslova Republike Hrvatske, Zagreb, Hrvatska
Sažetak
In her opinion on the case Congregación de Escuelas Pías Provincia Betania, independent lawyer Juliane Kokott has concluded that the Kingdom of Spain ought to take all necessary steps to eliminate existing incompatibility of the Treaty on Economic Issues between the Kingdom of Spain and the Holy See with the legislation of the European Union. In relation to that and as a final option, she proposes the termination of the Treaty that Spain should initiate. The aim of this article is to study the legal feasibility of this proposal, as well as of other ways in which the aforementioned treaty could be terminated, from the perspective of the international law and the legislation of the European Union. The article also will show why that option would not be acceptable in the case of the Treaty that the Republic of Croatia signed with the Holy See. This infeasibility stems from the relevant clauses of the Vienna Convention on the Law of Treatises as well as from the Treaty on Functioning of the European Union.
Ključne riječi
Treaty on Economic Issues between the Kingdom of Spain and the Holy See; Treaties between the Holy See and the Republic of Croatia; Vienna Convention on the Law of Treatises; articles 17th and 351st; Treaty on Functioning of the European Union; termination of international contracts.
Hrčak ID:
300005
URI
Datum izdavanja:
14.4.2023.
Posjeta: 498 *