P4; CH7: Treaty-making Procedure Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are International Agreements?

A

Supranational sources of law posited above secondary law

For the ECJ: any binding commitment entered into by subjects of international law

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

Title V TFEU

A

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

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

Common procedure to conclude International Agreements

A

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

How does the Council vote on the International Agreement Common Procedure

A

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

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

What’s the role of the EP in the Common procedure?

A

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

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

What’s the role of the Court of Justice?

A

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

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