Opinion : European Court of Justice (ECJ)

Abstract

The jurisdiction granted to the European Court of Justice by Article 218 (11) TFEU is the only judicial procedure directed specifically at international agreements, although they may also be considered by the Court in the context of its general jurisdictional mandate, whether judicial review, enforcement actions, or the preliminary reference procedure. The Opinion procedure under Article 218(11) is a judicial process embedded within the procedure for negotiating and concluding international agreements, a prior review procedure designed to ensure that an international agreement envisaged by the Union is compatible with EU primary law. This contribution considers the purpose and use of the Opinion procedure, the evolution of the Opinion since its first use in 1975 and its contribution to EU constitutional law.