Type: Contribution to book
Mixed agreements and constitutional gaps
Monica CLAES and Ellen VOS (eds), Making sense of European Union law, Oxford ; New York : Hart Publishing, 2022, pp. 19-29
CREMONA, Marise, Mixed agreements and constitutional gaps, in Monica CLAES and Ellen VOS (eds), Making sense of European Union law, Oxford ; New York : Hart Publishing, 2022, pp. 19-29 - https://hdl.handle.net/1814/75184
Retrieved from Cadmus, EUI Research Repository
This chapter addresses the absence in the EU Treaties of clear rules on the negotiation and conclusion of mixed agreements by the EU; in the rules which determine competence, legal basis and Treaty-making procedures, mixed agreements are invisible, resulting in both incomprehensibility and complexity. In mixed agreements we see operating together the political choices of the Member States and of the Council and the constraining legal framework of constitutional procedural rules. The chapter reflects on the interplay between the legal framework of Article 218 TFEU and the Council’s political choices in the conclusion and management of mixed agreements, and in particular at two aspects of that interaction in a few recent judgments of the Court of Justice. First, the interaction between the Council’s political choice to conclude a mixed agreement and the legal rules governing EU participation. And second, the interaction between those legal rules and the political and legal management of Member State participation.
Cadmus permanent link: https://hdl.handle.net/1814/75184
Full-text via DOI: 10.5040/9781509959723.ch-002
Publisher: Hart Publishing
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