Chapter 8 Flashcards
In which article are external objectives set out? And what does it say?
They are set out in Art.21 TEU and when acting to achieve these objectives, the Union must be in compliance with the principle of conferral (both for internal and external Union actions)
What is the Common Foreign and Security Policy?
It was incorporated in 1993 (Maastricht Treaty) in the TEU and consolidate in Amsterdam and Lisbon. It allows the EU to act and express its positions on the International scene. It was born as a mechanism for political consultation between the MS for speaking with one and united voice at global level.
What does Art.24 TEU say?
It says that CFSP shall cover all areas of foreign policy relating to the Union’s security, including a common defence policy (Common Security and Defence Policy)
What does Art.42 TEU guarantees?
It guarantees certain MSs’ neutrality and respects certain MSs’ obligations to NATO
Which are the Union’s special external powers contained in the CFSP?
- Common Commercial Policy: represent commercial interests of MS and contribute to the development of world trade (Title II)
- Cooperation with third countries: development cooperation, assistance to third countries, humanitarian aid (Title III)
- Competence to adopt economic sanctions (Title IV)
- Competence to conclude international agreements (Title V)
- Competence to establish cooperative relations with IOs (Title VI)
What did the Council do in 1969?
It created a Regulation dealing with similar matters to ERTA, which applied to all Union MS
What was the Commission’s reaction to the Council Regulation? And what was the Council’s and the Court’s reaction?
- The Commission said that the 1969 regulation lacked an additional policy which had to be done by the Comm
- The Council opposed to this view
- The Court sided with the Commission thanks to a teleological interpretation of Art.91 TFEU (about Union’s internal competences over transport policy) which allowed the Union to conclude international agreements
What is Art.216 TFEU about?
The situations in which the Union can conclude international agreements:
1) If the conclusion of the international agreement is necessary to achieve a Union objective, it allows the Union to derive external competences from internal objectives
2) If the conclusion of the international agreements affects common rules or alter their scope
How should be seen the CFSP?
As a lex generalis to the specialised Union policies. It is a subsidiary competence and establishes a reciprocal relationship between CFSP and the special external competences.
What is Art.3(2) TFEU about?
It refers to the three situations in which the Union has exclusive treaty-making power:
1) When the conclusion of an international agreement is provided in a legislative act
2) Where a treaty is necessary to enable the Union to exercise its internal competence
3) Whenever the exercise of the MSs’ treaty making power affects internal EU law
What is the difference between a unilateral act and an International agreement?
Unilateral act: adopted by the Union alone and directed through a third party, such as financial aid or economic sanctions, they follow the ordinary legislative procedure
International agreement: concluded by the Union and a third party, they need the consent of the latter (Art.218 TFEU)
Explain the treaty making procedure (Art.218 TFEU)
1) The Commission’s proposal
2) The Council decides a negotiator (High Representative for the CFSP / Commission for the rest)
3) The Special Council Committee must be consulted
4) The European Parliament is not formally involved in the procedure but it has to be informed
5) The conclusion requires EP’s consent or consultation
6) Signature and ratification signed on behalf of the EU by the President of the Council and the President of the Commission. Signed by the third party too
It is a mixed agreements if it involved the MS too.
Who authorises modification and suspension of an International agreement?
Modifications: Art.218(7) TFEU may be authorised by the Council
Suspensions: Art.218(9) TFEU may be proposed by the Commission or the High Representative (EP only informed)
What is the doctrine of Union succession?
The Union can be bound by agreements of its MS on three principles:
1) All MS must be party to the agreement
2) It can be concluded before or after the creation of the EEC (1958)
3) When there is a full transfer of powers exercised previously by the MS and then to the Union
