Talk:Treaties of the European Union

unified patent court agreement

The agreement has been added here under eu treaties, while u would argue it should be under "relates" treatues. 1 of the orincipke point of the patent deal was that the court should not be an eu jurisdiction, thus the compromise/workaround was a 'court of the individual countries' partly interpreting eu law (as all courts do in the eu) that is set up by treaty. I therefore propose to move the section to the related treaties section... --L.tak (talk) 08:22, 20 February 2013 (UTC)

Yeah, I agree with you, but I added it there because at the moment it's just a "signed" treaty and not yet in force. My plan was that like the fiscal compact, we would move it to the "related treaties" as soon as it entered into force. But I'm not opposed to moving it there immediately if you prefer. We might have to either create a second table or play around with the table headings though. TDL (talk) 08:59, 20 February 2013 (UTC)

Under the "signed"-header it's ok indeed.. Especially after moving around the sections as you did that makes sense indeed... L.tak (talk) 19:12, 20 February 2013 (UTC)

Witness protection agreement

Related treaty similar to Prum agreement - , google search for "AGREEMENT ON THE COOPERATION IN THE AREA OF WITNESS PROTECTION" yields the text of the treaty. Art.12 "European Union law shall take precedence", Art.16 "This Agreement shall be open for accession to all Member States of the European Union and other States applying the Schengen acquis." Japinderum (talk) 08:26, 3 May 2013 (UTC)

Hmm, we really need to think about the inclusion criteria... What about the Brussels convention (described in Brussels regime) and the Convention on the Law Applicable to Contractual Obligations 1980; wouldn't they legally be on the same level (especially Rome, as it has all EU countries; and accession is arranged in EU extention agreements)? L.tak (talk) 11:42, 3 May 2013 (UTC)

I saw that Slovenia is depositary unfortunately; because I couldn't find their depositary information website yet ;-(.... L.tak (talk) 11:58, 3 May 2013 (UTC)

I have searched for "K.3" in the Dutch treaty database, which results in quite a lot of EU-related conventions (see here); in some cases conventions on which the council (by virtue of the text in teh accession treaties) may allow other eu countries to accede) performs the enlargement-formalities... Any ideas about inclusion criteria? L.tak (talk) 13:48, 3 May 2013 (UTC)

Ideas are welcome: should we have a long list here? or make a shorter one? By which inclusion criteria? L.tak (talk) 11:17, 24 June 2013 (UTC)

I've thought about this for a while, but I don't have a nice, clean solution. I think the point of the section should be to include de facto EU treaties that are concluded outside the framework of the main treaties for whatever reason. For starters, I'd say that we should restrict it to agreements which are only open to EU member states. Otherwise, we'd need to worry about things like the European Economic Area (which is open to EU and European Free Trade Association members), European Union Association Agreements, etc. That rules out the witness protection agreement. As for the two conventions you mentioned, I'd question how much they really have to do with the EU, given that they are only applicable to the overseas territories of EU member states, and not the member states themselves (unless I'm mistaken). Probably the best thing to do is to just follow the sources. I'm confident we could find sources which describe the 4 treaties we include now as de facto EU treaties.

PS: I replaced the redlink for Rome Convention above. If this wasn't the convention you were referring to, feel free to revert. TDL (talk) 01:04, 26 June 2013 (UTC)

ESM to be restored back into the EU ratified/signed treaties

ESM was moved out of "EU" into the "Related" table, because initially it operated outside of the EU framework - but now, after the implementing Amendment of Article 136 TFEU entered into force ESM should be restored in the EU table. A slight redaction of the footnote after 27 September 2012 can be made to explain that "participants are the 17 Eurozone members". Japinderum (talk) 08:33, 3 May 2013 (UTC)

It is still not an EU treaty; but a treaty outside the EU; to which the EU has mandated some of its members (but not "in its name" (as with the Hague convention 1996) nor integrating the agreement of institution in the Union...; in legal role maybe not much different from the Agreement on a Unified Patent Court and the Rome Convention.... L.tak (talk) 11:21, 3 May 2013 (UTC)

Agreed with L.tak. The TFEU amendment intentionally did not incorporate the ESM treaty itself into the EU treaties, it merely authorized member states to establish the ESM between themselves outside of the EU framework. This approach was taken so that the simplified treaty revision procedure could be utilized. If the ESM had of been incorporated into the EU treaties, this would have increased the competence of the EU, and thus the simplified revision procedure would not have been able to be utilized. The ammendment was necessary because there was an argument that the existing EU treaties forbid bailouts, so the amendment was designed simply to exempt the ESM from these anti-bailout provisions. TDL (talk) 18:46, 3 May 2013 (UTC)

He is an excellent resource explaining the legal rational for the TFEU ammendment: TDL (talk) 02:30, 22 May 2013 (UTC)

New treaty - SRF

Agreement on the transfer and mutualisation of contributions to the Single Resolution fund: ratification status, announcement and link to text. Japinderum (talk) 08:49, 28 May 2014 (UTC)

So this isn't formally an EU treaty, but it looks to me like this is worth including as a "related treaty". It has very similar provisions to the fiscal compact declaring that it is open to any EU member state (A13) and incorporating the provisions into the EU treaties in the future (A16). Any other thoughts? TDL (talk) 16:37, 28 May 2014 (UTC)

Since no one objected, I went ahead and added it. If anyone is interested, I've started European Union banking union as an overview of all the new banking union initiatives. TDL (talk) 05:48, 31 May 2014 (UTC)

spelling

it's a minor issue, but isn't "competences" meant to be "competencies"? 129.55.200.20 (talk) 20:31, 1 May 2025 (UTC)