Mixed Agreements as a Source of European Union Law

Abstract

Mixed agreements, discussed jointly by the European Union and its Member States, are derived from necessity, due to division of competences part of the agreement falls under EU exclusive competence. Mixed agreements raise the question as to what extent they are binding on the institutions and on the Member States as EU law. Can mixed agreements be considered as a source of European Union law regardless of the sphere of competence under which their provisions fall? is a mixed agreement in its entirety a source of EU law or only as far as provisions falling under EU competence are concerned? And which EU competence, exclusive or also shared, is to be taken into consideration? The issue is of specific interest, given the consideration of a mixed agreement as a source of EU law implies the Court's interpretative jurisdiction and the possibility to enforce its application against Member States. Keywords:European Union; European Union Law; interpretative jurisdiction; Member States; Mixed Agreements