The procedural law of international agreements: A thematic journey through Article 218 TFEU

Abstract

The study gives a thematic analysis of the ECJ case law on the procedural law under Article 218 TFEU. Article 218 lays down a single procedure of general application for the negotiation, conclusion and implementation of international agreements by the EU. The study addresses questions on the scope of application of Article 218, the relationship between Article 218 and so-called “hybrid” acts of the Union and the Member States; the respective powers of the institutions in relating to the negotiation of international agreements by the Union; implementation of the EU’s international agreements and the European Parliament’s right to information. It is shown that the ECJ gives Article 218 TFEU a central position in defining the respective powers of the institutions compared to more general Treaty provisions – viz. Articles 13(2), 14(1), 16(1) and 17(1) TEU. The Court’s description of Article 218 TFEU as a provision of general application as well as its constitutional nature is also reflected in the case law. As for the powers of the Council, the Parliament and the Commission in respect of negotiation, conclusion and implementation of international agreements, the Court succeeds in striking a balance, so that each of the institutions has its own role to play.