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Allan Rosas: "Opinion 1/76 and mandatory non-mixity?”
In Opinion 1/76 relating to a draft agreement establishing a European laying-up fund for inland waterways, the European Court of Justice ruled for the first time that there may be an EU external competence to conclude an international agreement even if no internal EU rules have been adopted in the area covered by the agreement. At issue was also the participation of EU Member States as parties to the agreement (so-called mixity) and the delegation of powers to an international organisation set up by an agreement. The implications of the Opinion for EU external relations and the competence question in particular has caused a vivid debate. Are there limitations or conditions to the external competence and is the competence of an exclusive or shared nature? In this lecture, Professor Rosas will, first, explain the main thrust of Opinion 1/76 and, second, discuss its relevance and implications today, including for the questions of EU exclusive competence and facultative mixity, and taking into account Articles 3(2) and 216(1) TFEU.

Mar 26, 2021 01:00 PM in Zurich

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