The EU and Mixed Agreements

Keyword(s):  
Author(s):  
Joni Heliskoski

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union


Author(s):  
Cremona Marise

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.


Teisė ◽  
2011 ◽  
Vol 80 ◽  
pp. 81-94
Author(s):  
Manfredas Limantas

Šiame straipsnyje nagrinėjamas vienas iš pagrindinių ES išorinių santykių teisės institutų – mišrieji susitarimai. Jame analizuojamas mišrių susitarimų ir ES kompetencijos suteikimo principo bei tam tikrų ES išorinės kompetencijos kategorijų santykis. Daug dėmesios skiriama Lisabonos sutarties pakeitimų, galinčių paveikti mišrių susitarimų institutą, analizei.This Article addresses one of the main instruments of the EU external relations law – the mixed agreements. It carries out an assessment of their relation to the EU law principle of conferral of powers, as well as to the separate categories of EU external competences. Significant attention is paid to the examination of changes brought about by the Lisbon treaty which are likely to affect the instrument of mixed agreements.


Author(s):  
Gabriela Belova ◽  
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Gergana Georgieva ◽  
Anna Hristova ◽  
◽  
...  

Although in the last years the international community has adopted a broad approach, the definition of foreign investors and foreign investments is still very important for the development of international investment law. The nationality of the foreign investor, whether a natural person or legal entity, sometimes is decisive, especially in front of the international jurisdictions. The paper tries to follow the examples from bilateral investment agreements as well as from multilateral instrument such as the International Centre for Settlement of Investment Disputes (ICSID) Convention. An important case concerning Bulgaria in past decades is also briefly discussed. The authors pay attention to some new moments re-developing the area of investment dispute settlement within the context of EU Mixed Agreements, especially after the EU-Canada Comprehensive Economic and Trade Agreement.


IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 310-324
Author(s):  
Stefan Lorenzmeier

The article explores some legal issues regarding comprehensive trade and mixed agreements of the European Union (EU). The concept of mixed agreements is special to the EU legal order and under strain after the opinion 2/15 of the Court of Justice of the European Union of 16 May 2017, in which the Court defined the exclusive competence of the EU for concluding “EU-only agreements” in the context of the common commercial policy. This led to a split-up of trade agreements of the Union into “EU-only agreements” and mixed agreements on investment issues whereas no change of policy had been established for association agreements to date. Besides creating greater legal certainty, some problems remain regarding the to-be-improved acceptance of EU free trade agreements in the Member States. The analysis focuses on the division of powers between the EU and the Member States and its impact on mixed agreements on a political and legal level. It concludes that “mixity” has not been ended by the jurisprudence of the Court of Justice and can still be seen as a useful tool in the process of negotiating and concluding future comprehensive international trade and association agreements.


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