Implications for the institution of mixed agreements in European Union law arising from the evolving nature of in foro externo competence

Abstract

Due to the growing political debate on the necessity to revise primary law in the European Union (hereinafter: Union, EU), whereby the division of competences between the Union and its Member States is to be altered, there is a growing urgency to take a closer look at the potential consequences of these changes in regard to the ability to establish international relations – both by the EU and by Member States. In practice, this ability is evident in particular in the specific legal institution of “mixed” agreements, the signatories of which (as a rule) are not only the EU and third states, but also Member States of the Union. This institution will continue to exist for as long as the issues of the division of competences, at the core of the consideration of the nature of mixed agreements in EU law, remain relevant. The capacity to shape international relations and pursue the objectives of the Union and the Member States is of considerable importance in the context of the current global challenges they face. Being able to act jointly in this field reduces potential tensions and conflicts of interest in the relationship between the EU and the Member States, thus strengthening the Union’s own subjectivity. This article seeks to find an answer as to whether, and if so to what extent, the changes in competences leading to the establishment of new EU exclusive competences might have the effect of limiting the institution of mixed agreements. It is also important to try to determine whether a possible restriction of the said legal institution could strengthen the EU’s position in international relations.