Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Europe and the World: Climate Change, Trade and Investment > 2 - EU Decision-Making in Trade, Climate and Investment Regimes > Flashcards

2 - EU Decision-Making in Trade, Climate and Investment Regimes Flashcards

1
Q

What does this lecture on EU decision-making in CTI explore? (5)

A

1/ division of powers btwn EU institutions for adoption autonomous measures

2/ DP for negotiation and conclusion international agreements

3/ DP for participation in decision-making in international bodies

4/ DP for participation in DS

5/ ability of NPs, EP and public to exercise democratic control over EC and Council in formulation and implementation of IAs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Outline of lecture on EU decision-making in TCI? (4)

A

1/ negotiation and conclusion of IAs in EU legal order

2/ participation in decision-making in int. bodies

3/ participation in DS

4/ adoption of autonomous measures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the nature of the treaty making regime? (2)

A

1/ hybrid regime

2/ combination exercise of legislative and executive power?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Considerations on int. treaty making? (5)

A

1/ international treaties = contracts btwn States or IOs

2/ treaties have binding force in IL

3/ treaties may sometimes be subject to additional implementing procedures to gain binding force in domestic legal order

4/ traditionally, foreign affairs are associated with executive power

5/ but with internationalisation of trade and commerce, regulatory IAs appeared and idea of treaty-making power as exclusive part of executive branch has become doubtful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What do trade agreements do? (2)

A

1/ in past: liberalising and removing tariffs & quotas on certain goods (negative integration)

2/ today: regulation of technical standards, IP rights, procurement, commitments related to labor/HR/climate policy (positive integration)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are consequences of modern trade agreements and positive integration? (2)

A

1/ constitutional implications: the deeper the regulation, the greater the need for democratic participation and scrutiny

2/ executive actors need to be effective but must also be prevented from abusing power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Where is EU exclusive competence for CCP codified?

A

Art. 3(1)(e) TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

General considerations on CCP and question of competence? (3)

A

1/ trade policy = only exclusive competence EU in field of foreign policy

2/ therefore, broad interpretation and frequent use of CCP competence

3/ after 2005 and failure Doha Round at WTO, EU has sought to conclude bilateral trade and investment deals with numerous partners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are some of the reasons explaining the EU’s practice of concluding bilateral trade and investment deals with numerous partners? (4)

A

1/ economic reasons

2/ political reasons

3/ geopolitical reasons

4/ access to resources

etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Are the internal and external law-making procedures in the EU symmetrical? (case law) (3)

A

1/ see Kazakhstan (2018)

2/ Art. 218 TFEU procedure is designed to reflect externally the DP btwn institutions that applies internally (para 22)

3/ Art. 218 TFEU establishes symmetry btwn procedure for adopting EU measures internally and procedure for adopting IAs (para 22)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why are internal and external law-making procedures in EU symmetrical according to CJEU in Kazakhstan (2018)?

A

To guarantee that EP and Council enjoy same powers in relation to a given field (para 22)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How does Art. 218 TFEU balance inputs from different actors? What does this ensure? (case law) (3)

A

1/ see ETS Australia (2015)

2/ Art. 218 TFEU aims to establish balance between EU institutions

3/ this can be said to ensure democratic control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Overview of Art. 218 TFEU negotiation process? (7)

A

1/ EC recommendation for a Council decision opening negotiations

2/ start of negotiations: Council decision containing negotiating guidelines + appointment of negotiator

3/ negotiations: led by EC, EC reports to Council special committee and keeps EP informed

4/ signature: EC proposal, Council decision

5/ provisional application: EC proposal, Council decision

6/ consent EP: vote in plenary, majority needed

7/ conclusion: EC proposal, Council decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who can be negotiator in matters of CCP?

A

Only Commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who decides who will sign an agreement on EU’s behalf?

A

Council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What happens after Council took decision to conclude the IA?

A

Agreement becomes binding source of law in EU legal order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is necessary before the Council can authorise the opening of negotiations? Legal basis? (2)

A

1/ Commission recommendation

2/ Art. 207(3) TFEU

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How does EC decide there is need for a trade or investment agreement? (3)

A

1/ impact assessment

2/ public consultation

3/ scoping exercise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does impact assessment entail? (3)

A

1/ adoption of good standards for regulation

2/ measuring economic and societal impact of prospective agreement

3/ assessing compatibility of agreement with normative aspirations EU (eg sustainability and HR)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does public consultations entail?

A

Gathering inputs from business, civil society, trade unions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What does scoping exercise entail? (2)

A

1/ reaching out to 3rd country partner

2/ evaluating economic and political (strategic) dimension of agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are important elements of the EC’s recommendation for a Council decision opening negotiations? (5)

A

1/ reasons and objectives of proposal

2/ legal basis

3/ results of public consultations

4/ substantive provisions (appointment of negotiator)

5/ scope of agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Who adopts negotiating directives? Legal basis? (3)

A

1/ Council

2/ Art. 207 (3) TFEU

3/ Art. 218(2) TFEU

24
Q

What happens in practice after Commission recommendations for Council decision on opening of negotiations? (3)

A

1/ Council debates EC’s recommendations

2/ Council might slightly modify EC recommendations

3/ if not, Council decision contains same elements as EC recommendations

25
Q

Who negotiates? (3)

A

1/ Art. 17(1) TEU: except for CFSP and other cases in Treaties, EC ensures EU’s external representation

2/ Art. 207(3) TFEU: EC exclusively competent to negotiate on CCP matters in consultation with special committee appointed by Council

3/ if content negotiating directives indicates IA could go beyond scope of CCP, MS should separately appoint EC to negotiate part that goes beyond scope CCP (and not the Council)

26
Q

Considerations on relationship btwn EC and special committee? (2)

A

1/ special committee to assist EC in its task of negotiating IA (consultations)

2/ EC to report to special committee regularly

27
Q

Composition & tasks special committee? (2)

A

1/ experts appointed by national authorities

2/ discuss process of negotiations, priorities and MS redlines

28
Q

What are practical implications of relationship EC - special committee?

A

EC has to balance priorities 3rd country partner and priorities of Council

29
Q

Which case shed light on the extent of control the special committee may exercise?

A

ETS Australia (2015)

30
Q

Key takeaways of ETS Australia judgment on control special committee? (4)

A

1/ special committee can impose procedural but not substantive requirements on EC

2/ EC is not merely agent of Council, derives its mandate directly from Treaties

3/ Art. 218 TFEU as a whole reflects attempts to respect pcple of institutional balance

4/ EU institutions obliged to cooperate with each other in good faith when accomplishing constitutional tasks

31
Q

How is the relationship btwn EC and special committee in practice? (3)

A

1/ very cooperative

2/ usually meet before and after each negotiation round

3/ coordinate EU position in ongoing negotiations

32
Q

What is right of EP regarding procedure conclusion IAs? Legal basis? (2)

A

1/ Art. 218(10) TFEU

2/ right to be ‘immediately and fully informed at all stages of the procedure’

33
Q

What is contribution of Tanzania case (2016) regarding EP right to be informed? (9)

A

1/ right to be informed must be interpreted broadly

it covers:

2/ authorisation opening negotiations

3/ definition negotiating directives

4/ nomination EU negotiator

5/ designation special committee

6/ completion negotiatons

7/ authorisation signature agreement

8/ decision provisional application agreement before entry into force

9/ conclusion agreement

34
Q

What is the underlying rationale of the EP’s broadly interpreted right to be informed?

A

Trade and investment agreements now go further than they used to and often go beyond strict trade issues => EP should be informed

35
Q

Where have EP’s information rights been codified?

A

Framework Agreement on relations btwn EP and EC, Annex III, para 5

36
Q

How are role of EP and democratic pcple interlinked when it comes to conclusion IAs? (2)

A

1/ Art. 10 TEU: functioning EU founded on representative democracy + direct representation EU citizens at EU level in EP

2/ information requirement of Art. 218(10) TFEU is expression of democratic pcple (Tanzania, para 10)

37
Q

What is rationale behind role of EP and democratic pcple when it comes to conclusion IAs? (5)

A

1/ foreign policy + int. negotiations often dominated by executive actors

2/ foreign policy + int. negotiations often untransparent and/or difficult to follow for gnl public

3/ parliaments therefore have institutional role to hold executive actors accountable + prevent abuse of power

4/ EP represents people in supranational dimension, whereas Council reflects intergovernmental dimension of democracy in EU

5/ therefore, ideally, there must be a balance btwn the 2

38
Q

Procedure for signature of an IA? Legal basis? (3)

A

1/ Art. 218(5) TFEU

2/ negotiator proposes signature agreement (most often, EC)

3/ Council adopts decision authorising signing agreement + who will sign agreement on EU’s behalf

39
Q

What does signature of IA amount to? (2)

A

1/ one of forms of expressing consent to be bound by a treaty (Art. 11 VCLT)

2/ expresses obligation not to defeat object and purpose agreement (Art. 18 VCLT)

40
Q

What usually happens after signature of IA by EU and other party?

A

Council sends it to EP to obtain its consent

41
Q

Procedure for authorisation provisional application IA? Legal basis? (5)

A

1/ Art. 218(5) TFEU

2/ negotiator proposes, Council decides

3/ EP formally excluded but info requirement applies

4/ politically, EP will always try to express its position before a decision on provisional application is made

5/ cf Rule 115 EP Rules of Procedure

42
Q

Is provisional application used in practice? (3)

A

1/ yes, it is practically important

2/ all mixed trade agreements concluded thus far have been provisionally applied

3/ e.g. CETA since 2017

43
Q

Considerations on consent EP? Legal basis? (4)

A

1/ Art. 218(6) TFEU

2/ Council can adopt decision concluding IA only after obtaining consent EP

3/ applies to association agreements and agreements covering fields to which OLP applies

4/ OLP applies to trade policy by virtue of Art. 207(2) TFEU

44
Q

What are practical implications of EP consent? (4)

A

1/ veto power gives EP political leverage

2/ EP usually attempts to control negotiations as they happen

3/ veto power is however rarely used

4/ but some trade agreements have effectively been frozen bc no prospects of majority in EP (e.g. CAI, EU-Mercosur AA)

45
Q

How can EP attempt to control negotiations as they happen? (2)

A

1/ standing rapporteurs

2/ role of INTA Committee (International Trade Committee)

46
Q

What can be said about the role of national parliaments in the adoption process of IAs? (8)

A

1/ mixed agreements can only enter into force after approval of EP and NPs

2/ procedure for adoption by NPs determined by national constitutions

3/ therefore, balance of power shifts dramatically: more than 27 veto players

4/ cf CETA deal and veto threat of Parliament Wallonia

5/ even for EU only trade & investment agreements, NPs can still scrutinise national executives and their conduct in Council

6/ is pcple of sincere cooperation (Art. 4(3) TEU) applicable to ratification process of mixed agreements by NPs?

7/ MS and EU institutions have obligation of close cooperation in fulfilling commitments undertaken under joint competence (Mox Plant, para 175)

8/ but how is it enforceable? what does it mean in practice?

47
Q

What is positive and negative about veto power NPs for approval mixed agreements? (3)

A

1/ stronger democratic legitimacy

2/ more difficult for IA to enter into force

3/ EU potentially becomes less credible partner

48
Q

Procedure for conclusion IA? Legal basis? (3)

A

1/ Art. 218(6) TFEU

2/ negotiator proposes

3/ Council decides on conclusion

49
Q

What are the rules for the participation of EU in decision-making of international bodies? Legal basis? (5)

A

1/ Art. 218(9) TFEU

2/ proposal of EC or High Representative EU for Foreign Affairs and Security Policy

3/ Council adopts decision establishing positions to be adopted on EU behalf in body set up by IA

4/ exceptions: acts supplementing or amending institutional framework IA

5/ so Art. 218(9) TFEU only applies to acts applying or implementing existing IA

50
Q

What can be said about the scope of application of Art. 218(9) TFEU on participation of EU in decision-making of international bodies? (5)

A

1/ broad scope of application

2/ Art. 218(9) TFEU also applies to establishment of EU positions to be expressed by MS in matters falling within EU non-exclusive competence if EU decides to exercise that competence (cf OIV case, para 52)

3/ Art. 218(9) TFEU applies even if EU is not member of IO (cf OIV case, para 50)

4/ rationale: protecting integrity of EU law and EU acquis in field where it has exercised some competence

5/ also broad understanding of notion ‘acts having legal effects’ (OIV case, paras 62-64)

51
Q

What is not covered by Art. 218(9) TFEU? Case law? (4)

A

1/ dispute resolution bodies

2/ Art. 218(9) TFEU only applies to bodies established by IAs that formulate policy and adopt decisions & quasi-legislative acts

3/ dispute resolution bodies are different (ITLOS, para 71)

4/ even if DS body adopted an advisory opinion, this still does not make it a legislative or policy-making body (ITLOS, paras 66-67)

52
Q

Which provision covers the case of dispute resolution bodies? (2)

A

1/ Art. 335 TFEU

2/ in such bodies, as a gnl pcple, EU has legal capacity and is to be represented by EC (ITLOS, para 58)

53
Q

Legal basis for autonomous measures in EU trade policy? (4)

A

1/ Art. 207(2) TFEU

2/ OLP applies (Art. 294 TFEU)

3/ therefore, no need to negotiate with 3rd country partner, only political agreement among EU institutions is required

4/ therefore, export of EU standards abroad

54
Q

Which legislative procedure applies to adoption of autonomous measures within envtal policy framework? (2)

A

1/ Art. 192(1) TFEU

2/ OLP also applies

55
Q

Example of autonomous measure within trade policy framework?

A

Proposal for a Reg. on prohibiting products made with forced labour

56
Q

Examples of autonomous measures adopted within envtal policy framework? (2)

A

1/ Deforestation Reg.

2/ Carbon Border Adjustment Mechanism

Europe and the World: Climate Change, Trade and Investment (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions