International Institutional Law
International Institutional Law, Hoorcollege 8
Decision-making
1. Concept of decision-making in IOs
Most import activity, process of coordination of the will of the members of a given body of the IO.
The word decision denotes legally binding and non-binding decisions.
Complex process. Final decision might be result of a chain of previous decisions.
Legal, procedural and political aspects of decision-making.
Example: art. 288 TFEU: various types of decisions which the EU adopts. It also includes non-legally binding decisions. A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed, shall be binding only on them.
2. Legal basis for decision-making
We are in the area of powers of the bodies or the organization as such.
Is it written explicitly in a document, or it is given implicitly.
Examples: Statute Council of EU, art. 16: Committee of Ministers can take legally binding decisions relating to the internal IO.
Example: Creation of ICTY & ICTR. Implied powers of the SC to carry out its primary functions in the field of peace and security. 41 UN-Charter, open-ended provision. Article 7(2) is a general provision under general creation of subsidiary bodies.
Example: Washington Treaty (NATO): Article 5 does not mention taking decisions. If deemed necessary, they can take unilateral or collective measures. On 12th September NATO activated this Article. They need to wait for the decision before taking action.
Article 9 The parties establish a Council to consider matters concerning the implementation of this Treaty. This is an implicit power because the power to take decisions is not mentioned.
Determination of the existence of a proper legal basis is made exclusively by the organ which adopts the decision!!!
Lack of legal foundation and irregularities in decision-making procedure are open to challenge by its addressees or by other organs of the IO.
3. Stages of decision-making procedure(s)
Taking
Decision-making
1. Concept of decision-making in IOs
Most import activity, process of coordination of the will of the members of a given body of the IO.
The word decision denotes legally binding and non-binding decisions.
Complex process. Final decision might be result of a chain of previous decisions.
Legal, procedural and political aspects of decision-making.
Example: art. 288 TFEU: various types of decisions which the EU adopts. It also includes non-legally binding decisions. A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed, shall be binding only on them.
2. Legal basis for decision-making
We are in the area of powers of the bodies or the organization as such.
Is it written explicitly in a document, or it is given implicitly.
Examples: Statute Council of EU, art. 16: Committee of Ministers can take legally binding decisions relating to the internal IO.
Example: Creation of ICTY & ICTR. Implied powers of the SC to carry out its primary functions in the field of peace and security. 41 UN-Charter, open-ended provision. Article 7(2) is a general provision under general creation of subsidiary bodies.
Example: Washington Treaty (NATO): Article 5 does not mention taking decisions. If deemed necessary, they can take unilateral or collective measures. On 12th September NATO activated this Article. They need to wait for the decision before taking action.
Article 9 The parties establish a Council to consider matters concerning the implementation of this Treaty. This is an implicit power because the power to take decisions is not mentioned.
Determination of the existence of a proper legal basis is made exclusively by the organ which adopts the decision!!!
Lack of legal foundation and irregularities in decision-making procedure are open to challenge by its addressees or by other organs of the IO.
3. Stages of decision-making procedure(s)
Taking