EU external action
6 important questions on EU external action
Shared competence/ principle of pre-emption
principle of pre-emption -> ERTA Case
in the context of international obligations, it doesn't mean MS and the EU act together. If the EU uses a certain competence the MS cannot use that exact competence anymore. When the EU uses it, it is exclusively for the EU
Steps EU external action
- Legal personality
- art. 47 TFEU
- art. 335 TFEU
- ERTA-case
- competence
- is there any competence
- express external competence
- implied external competence -> ERTA
- which kind of competence is applicable
- exclusive -> art. 3 TFEU
- shared -> art. 4 TFEU / ERTA
- support -> art. 6 TFEU
Legal effects of international agreements; monistic system
- agreements concluded by the Union are binding upon the institutions fo the EU and on its MS
- directly applicable for all the MS and institutions
- no transposition necessary
- EU is monistic
- Higher grades + faster learning
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Legel effects of international agreements; direct effect
Kupferberg
Conditions for direct effect:
- the international agreement must be binding for the EU
- the nature and structure of the international agreement as a whole does note preclude direct effect
- parties agree so and state it explicitly in the agreement
- parties can agree on direct effect; happens a lot so check!!
- CJEU decides the act does not have direct effect
- ex. WTO agreements
- the provision in question is sufficiently precise and unconditional
Difference direct effect and direct applicablity
- direct applicability: no transposition necessary
- direct effect: whether a specific provision can be provoked before a court -> Gend en Loos
Two exceptions on the jurisdiction of the CJEU in a case of the CFSP
- Art. 40 TEU
- protects the CFSP and other parts of EU law against undue encroachment by the other.
- CJEU may exercise judicial control over the choice of legal basis and check that the EU was competent to act as it did
- art. 275 TFEU
- empowers the court to hear actions brought by natural or legal persons to review the legality of decisions that provide sanctions or 'restrictive measures' against them.
- include challenges to the legality of CFSP measures that arise indirectly via art. 267 as well as direct challenges through art. 263 TFEU
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
