Korkea-aho, Emilia --- "Evolution of the role of third countries in EU law – towards full legal subjectivity?" [2017] ELECD 933; in Bardutzky, Samo; Fahey, Elaine (eds), "Framing the Subjects and Objects of Contemporary EU Law" (Edward Elgar Publishing, 2017) 206

Book Title: Framing the Subjects and Objects of Contemporary EU Law

Editor(s): Bardutzky, Samo; Fahey, Elaine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786435736

Section: Chapter 11

Section Title: Evolution of the role of third countries in EU law – towards full legal subjectivity?

Author(s): Korkea-aho, Emilia

Number of pages: 21

Abstract/Description:

This contribution deploys the subject-object theoretical framework to argue that third countries are in the process of becoming subjects of the EU legal order. Third countries started off as little more than the objects of EU legislation but, as time has passed, they have taken on rights and obligations in much the same way as Member States and citizens. An important milestone has been the introduction of Article 11 of the Treaty on European Union (TEU). The argument put forward is that, notwithstanding the citizens’ initiative which is unequivocally limited to EU actors, this treaty provision should not be interpreted narrowly to cover only EU citizens and representative associations. The EU is legally required to extend practices of participation to all those affected by EU law, including those in third countries. Whilst formally the position of third countries is still incomplete, they are factually treated as subjects in Article 11 TEU processes, and the regularity of such treatment also creates legitimate expectations of subjectivity. Keywords: EU law, third countries, Article 11 TEU, participation, public consultation, impact assessments