Ways to Ensure the Unitary Character in the External Trade Relations of the European Community on Issues of Mixed Competence between the European Community and Its Member States

ProQuest LLC (2014)

Posted: 13 Feb 2018

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Date Written: July 10, 2001

Abstract

Both the European Community (EC) and its Member States agree that it is in then best interest to coordinate their action vis-a-vis the rest of the world in international agreements. This dissertation examines the law and practice of the EC external trade relations. The major point of analysis is to find ways to ensure the unitary character of the EC external trade relations in areas of mixed competence between EC Member States and EC Institutions as well as understand the management of the EC external trade relations. It begins with an analysis of the evolution of the EC common commercial policy, through which the author examines the checks and balances at the micro, meso and macro levels. The major EC Institutions are examined: the Commission as the negotiator of international agreements, the EU Council as the consultator and concluder of agreements, the European Parliament in its role of consultator and the role of the European Court of Justice in relation to shared competence between the EC and its Member States in the framework of international trade. The decision making process of the EU and its relation with national institutions are analyzed as an important part of this dissertation. The legal complexity of mixity is then analyzed. This unique legal phenomenon (mixed agreements) is tackled from an intra-EC perspective as well as from its external dimension, where its various implications for third parties are taken into account. This dissertation concludes that although the European Union is composed of 15 sovereign Member States with unique needs and circumstances, in most cases it is in their national interest to give up their national sovereignty to the European level to have a stronger negotiating position in international negotiations. This would only be legally possible by amending the Treaties.

Keywords: EU external trade relations, EU trade agreements, WTO, mixed agreements, EU institutions

Suggested Citation

Leal-Arcas, Rafael, Ways to Ensure the Unitary Character in the External Trade Relations of the European Community on Issues of Mixed Competence between the European Community and Its Member States (July 10, 2001). ProQuest LLC (2014). Available at SSRN: https://ssrn.com/abstract=3112731

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

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