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Abstract
While many EU decentralised agencies are in principle open to third country participation, it remains exceptional that third countries structurally participate in these EU bodies. The exceptions here, first, are the States parties to the European Economic Area (EEA) Agreement but, second, also Switzerland. Switzerland structurally participates in five EU agencies and, just like is the case for the EEA States, this participation goes as far as having a limited voting-right in some of these bodies. The legal setup through which Switzerland participates in EU agencies is more cumbersome than the mechanism through which the EEA EFTA States’ participation in EU agencies is enabled. This chapter maps in which EU agencies Switzerland participates and analyses how this is realised from a legal perspective. It also looks closer into the arrangements concluded between the EU and Switzerland on the precise modalities of Swiss participation in EU agencies. Finally, the chapter reflects on the possible future Swiss participation in further EU agencies in light of the Swiss rejection of the Institutional Agreement.
The Law and Practice of Facultative Mixity
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
The Law and Practice of Facultative Mixity
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
Page:12