Navigating Art. 218 TFEU: Third States' Accession to International Conventions and the Position of the EU in This Respect

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 333-343 | European Forum Insight of 22 June 2022 | (Table of Contents) I. Introduction. - II. The scope of art. 218 TFEU. - III. The internal procedure for the conclusion of international agreements by the CJEU. - IV. The different role of the institutions involved. - V. The peculiarity of some Hague Conventions on private international law. - VI. Council's internal voting rules. - VII. Conclusions. | (Abstract) Setting the general procedure to be followed for the conclusion of international agreements, art. 218 TFEU allocates the powers of the different institutions involved and - compared to the pre-Lisbon legal framework - strengthens the role of the European Parliament. It is therefore with respect to this provision that the status and prerogatives of the EU vis-à-vis third States must be analysed, as it frames the lifecycle of the international agreements and the rules the EU institutions are bound to follow in this regard. However, while its pattern seems suitable whenever the EU must conclude an international agreement which entails a positive expression of position, doubts arise as regards those conventions which foresee an accession, based on a non-objection mechanism. This Insight explores, in the light of the duty to practice mutual sincere cooperation stemming from art. 13 TEU, some practical disadvantages of its application and the controversial issue of the Council's internal voting rules.

Keywords

• art. 218 tfeu
• eu external relations
• interinstitutional agreements
• third state accession
• informal procedures
• voting rules