International Agreements Flashcards
What is Art 47 TEU
The Union shall have legal personality
What case proves Art 47 - Commission v Council 1971
Whats the two powers of external Competence
Primary Powers - Powers given by the treating allowing the EU to act upon trade agreements on behalf of the MS.
Secondary Powers - not explicating granted by treaties - instead the courts have allowed the EU to act based upon implied beliefs.
What are the key cases of secondary powers?
Commission v Council (1971)
Kramer
What did Commission v Council 1971 conclude?
Even if the treaties do not mention external competence if the EU have been presented internal competence in the area then it should be taken that they have the right to external competence as well.
What does Kramer show?
The EU had the internal power to take measures for conservation - provided it with equivalent external power - even if internal power had not been used.
What are the 4 conditions of Art 216(1)
- The Treaties provide or
- where the conclusion of an agreement is necessary in order to achieve within the framework of the Union’s policies one of teh objectives referred to in the treaties or,
- is provided for in a legally binding union act or,
- is likely to affect common rules or alter their scope.
Which case proves Exclusive External Competence?
Case 22/70 Commission v Council (ERTA) EU:C:1971:32
Why do MS provide the EU with external competence
Prevents MS becoming liable in international law if they conclude an agreement that is incompatible with EU law.
What is a case where a MS stood outside of their jurisdiction and into the EU’s external competence
Case C-45/07 Commission v Greece EU:C:2009:81
Is Competence shared in regard to MS dealing with third parties.
Competence is initially shared BUT once common rules had been adopted internally “the [Union] alone is in a position to carry out contractual obligations towards third countries”
In what situation do MS lose the right to make international agreements?
MS lose the ability to make international agreements in the area covered by the common rules – their competence is pre-empted by the EU. - Conditional Exclusivity
Which ruling argues that the existence of internal competence does not automatically grant external competence?
Opinion 2/92 OECD Decision on National Treatment EU:C:1995:83
What are the 3 situations that lead to exclusivity?
- The matters are already covered by internal legislation which could be affected by the international agreement.
- There is internal legislation “effecting complete harmonisation” of the area.
- Internal legislation expressly empowers the EU institutions to negotiate with non-member countries.
Which article of TFEU codifies the exclusive competence idea?
Art. 3(2) TFEU: The Union shall … have exclusive competence for the conclusion of an international agreement when:
[1] its conclusion is provided for in a legislative act of the Union or;
[2] is necessary to enable the Union to exercise its internal competence, or;
[3] in so far as its conclusion may affect common rules or alter their scope.
When competence falls outside of Art 3 TFEU what happens?
It is seen as a shared Art 4 (1) TFEU
What are the three different types of outcome of an international agreement?
- Agreements between EU and third countries - EU has exclusive competence - EU and MS become bound
- Agreements between MS and third countries - the EU is bound and it is outside of its competence
- Mixed agreement - where the subject matter of the agreement covers both EU and MS competence.
What is the Procedure of Art 218 TFEU
Who authorises the opening negotiations?
The council authorises the opening of negotiations. under Art 218(3)
Who nominates the EU negotiator and provides adoption of negotiating directives?
- Council - Art 218 (3) - for agreements connected with the common commercial policy must be the commission - Art 207(3)
- The council - Art 218(2)
Who authorises the conclusion of the agreement?
The council authorises- Art 218(5) and concludes - 218(6)
How does the council operate to come to a decision?
Qualified majority - exceptions where unanimity is required - set out in Art 218(8)
What is demanded by Art 218(10)?
That the Parliament is kept immediately and fully informed at all stages.
When does the Council require authorisation to conclude from the Parliament
When the agreement falls within one of the listed circumstances in Art 218(6)(a)
