The European Union as a Subject of Law: Problems and Solutions. Summary of the Doctoral Thesis

Abstract

The aim of the the promotion paper is to study administrative legal aspects of current European Union international contractual relations in connection with a study of theoretical and practical aspects of enforcement of administrative law sources and to elaborate proposal that would provide an opportunity to separate the existing authorities organ of state (constitutions) from those governance rights that are empowered to utilize in international relations by governance institutions of international organizations. The Thesis consists of introduction, five basic parts, that are divided into several underchapters, conclusions and proposals and a list of references. The results of analysis of theoretical and practical conclusions are reflected in 8 (eight) pictures. The introduction of the Thesis describes the topicality of the studied topic, the hypothesis, aim, tasks, research object and subject of the Thesis as well as justification of the scientific methods used in the research are explained. The first part of the Thesis consists of historical description of implementation and strengthening of administrative legal relations within the European Union governance system, analysis of the related legal acts and scientific literature as well as clarification of peculiarities of governance of international organizations. The second part of the Thesis consists of analysis of structural elements of European Union administrative legal relations, i.e. study of the content of the European Union subjects, objects and administrative legal relations, classification of the patterns of the administrative legal relations, identified their spreading within the influence of economical processes and their consequences. The third part of the Thesis describes the European Union legal subjectivity, the scope of the competencies defined in the treaties, their importance, conformity of preconditions for implementation for international organization as a legal subject as well as problems of jurisdiction of identified competences. In the fourth part of Thesis described and done hypothetical valuate as can to use certain amendments of Lisbon Treaty and identify problems for legal subjectivity realizations and its equivalence with subject of federal governance, as well as evaluating the conformity of the norms and definitions for an international organization. In the fifth part of the Thesis in order to compare legal subjects equivalent to the European Union as an international organization within the Eurasian area, doing research for identification of equivalent or superior international organizations in the terms of legal scope and content of the norms, recognizing and prove absence about a legal subject of competitive versus European Union as well as methodological mistakes in the earlier defined comparisons about object of research. The underchapters of the empirical part of the research describe the characteristics of the research methodology, the process of the research, obtained results and their qualitative and statistical analysis as well as philosophical interpretation. Based on the theoretical analysis and empirical results obtained within the research conclusions and proposals are elaborated. The reference of the used literature contains of 339 literature sources and 338 other informative sources in Latvian, Russian and English as well as legal acts and documents of jurisprudence.