P4; CH7: Treaty-making Procedure Flashcards
What are International Agreements?
Supranational sources of law posited above secondary law
For the ECJ: any binding commitment entered into by subjects of international law
Title V TFEU
Summarizes the competence of the Union to conclude agreements
- with third organizations and countries
- with special rules for association agreements
- with binding effect for both UNION INSTITUTIONS and MEMBER STATES
Common procedure to conclude International Agreements
Essentially consists in 3 stages:
1) Negotiation of the agreement
* proposed by the Commission or HR
* initiated by decision of the Council
- designates the negotiator(s)
- issues negotiating directices
- identifies the committee of the Council to consult during negotiations
2) Signature of the agreement
* Council signs the agreement
3) Conclusion of the agreement
* Council votes to adopt it or reject it
How does the Council vote on the International Agreement Common Procedure
In General, the Council always votes in QM.
Instead, Unanimity is required for:
- Association agreements
- Economic cooperation agreements with candidate countries
- Accession to the ECHR
- Agreements’ fields that require unanimity internally
What’s the role of the EP in the Common procedure?
The EP:
- has the right to be informed at all stages of the procedure
(ensures democratic legitimacy)
- is needed for ratification of the agreement in 5 CASES:
1) Association agreements
2) Accession to the ECHR
3) Int. Agr. creating a specific institutional framework
4) Conventions with significant financial ripercussions
5) Agreements that concern ordinary & special /parliament entrusted/ legislative procedures matters
What’s the role of the Court of Justice?
It has an advisory jurisdicition, broad and preventive in nature
[Art. 218 TFEU]
Compatibility of the agreement with primary law can be judicially assessed before its conclusion
- any privileged subject can ask the Court for an opinion (that is binding)
- advisory procedure can be initiated if the negotiation has reached a sufficient stage to enable the Court’s ruling