Abstract
Success of mixed agreements also due to the case-law of the Court of Justice basically allowing Member States when competence is shared between Union and Member States, a free option to exercise Union competence, national competence or both. The Court has however greatly contributed to discipline the concomitant exercise of Union and Member States’ competence by developing a number of fairly precise rules on the basis of the principle of sincere cooperation. It has at the same time claimed a far reaching jurisdiction to interpret mixed agreements and in so doing indirectly limited Member States’ freedom to act. Consequences of the Lisbon Treaty for mixity?
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