Breaking a Tradition: How Signing of Agreements Is No Longer a Matter for the Council

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 145-152 | European Forum Insight of 25 June 2024 | (Table of Contents) I. Introduction. - II. The signature of international agreements into EU law and the emergence of a practice. - III. Breaking a taboo. - IV. Conclusion. | (Abstract) The European Union has always concluded international agreements with third countries and international organisations as an integral component of its external action. In contrast to its predecessors, the Treaty of Lisbon introduced a uniform procedural framework for the negotiation and conclusion of international agreements in art. 218 TFEU with the aim of simplification and coherence between all EU external policies, including the CFSP. However, the act of signing international agreements has remained a grey area, shared between the Commission and the Council as a result of a well-established practice within EU institutional governance. On 9 April 2024, the European Court of Justice brought the Council back to a literal interpretation of the EU Treaties, removing any doubt about the role of the Commission in representing the EU externally and crystallising the legal authority of the sole Commission to sign agreements on behalf of the EU.

Keywords

• eu law
• external representation
• sincere cooperation
• international agreements
• art. 218 tfeu
• european court of justice