As a member state (apart from international treaties also a member state ; English member state ) is a state that is a member of an international or supranational organization , an alliance , a federation or a confederation of states .
Despite membership , the state does not lose its sovereignty . However, a member state undertakes to comply with the membership statutes . The individual member states always retain their subjectivity under international law , as their relationships continue to be governed by international law. A state becomes a member by participating in the founding negotiations for an international treaty and its signing and ratification in the national parliament . Added later States may accession ( accessions are) to Member States. The accession is brought about today by a unilateral declaration of the acceding party without ratification. It is to be classified as a unilateral legal act of the applicant state.
EU member state
Standard addressees of EU law ( primary community law : TFEU , secondary EU regulations , EU directives ) are the EU member states and individuals. While EU regulations are directly applicable in the member states without any further implementation act ( English self-executing ), EU directives oblige the member states to transform the given framework into national laws ( English non-self-executing ). If the ECJ finds that a member state has violated EU law, the state must take the resulting measures. This raises the legal question of how to deal with conflicting treaties or agreements between member states and third countries . The ECJ with the legal concepts of Ipso facto argued -Verzichts and substitution that Member States shall waive their accession to the EU on rights under existing contracts.
UN member states
The accession procedure for future UN member states is regulated in Chapter II Art. 4 of the Charter of the United Nations . According to this, a recommendation by the United Nations Security Council is required . The General Assembly of the United Nations can then admit him by resolution.
For example, Germany is a contracting party to the European Union and thus its member state. In addition, Germany is also a member of other organizations and alliances such as NATO , the OECD , the OSCE , the WTO and the United Nations (UN) and is also a member state with voting rights .
- Keyword Member State , in: Dudenverlag (Hrsg.), Duden - orthography of the German language , Mannheim; Use of joint sounds
- Graf Vitzthum (ed.), Völkerrecht , 5th edition, 2010, p. 208
- Georg Dahm / Jost Delbrück, Völkerrecht , Volume I / 3, 2002, p. 579
- Georg Dahm / Jost Delbrück, Völkerrecht , Volume I / 3, 2002, p. 581
- Andreas von Arnauld, Völkerrecht , 2012, p. 207
- Michael Olsson / Dirk Piekenbrock, Gabler Lexicon Environmental and Economic Policy , 1996, p. 122
- ECJ, judgment of February 27, 1962, Case 10/61 (EU Commission / Italy), ECR 1962, p. 19