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.
Merijn Chamon is Assistant Professor of EU Law at Maastricht University. In the past he was Postdoctoral Researcher of the Flanders Research Foundation (FWO) at the Ghent European Law Institute and Visiting Professor at Antwerp University. His research focuses on EU constitutional and institutional law and the law of EU external relations, fields in which he has published widely.
Inge Govaere is a Professor of European Law and Director of the Ghent European Law Institute (G.E.L.I.) at Ghent University. She is also Director of the European Legal Studies Department at the College of Europe in Bruges.
List of Abbreviations
Notes on Contributors
Table of Case Law
Introduction: Facultative Mixity, More than Just a Childhood Disease of EU Law?
Merijn Chamon and Inge Govaere
1 Mixity Past, Present and Future: Some Observations
PART 1 EU Constitutional Principles Applied to Facultative Mixity
2 Facultative’ and ‘Functional’ Mixity Consonant with the Principle of Partial and Imperfect Conferral Inge Govaere
3 Facultative Mixity in the Light of the Principle of Subsidiarity Isabelle Bosse-Platière and Marise Cremona
4 Facultative Mixity and Sincere Cooperation Christophe Hillion and Merijn Chamon
5 Existence or Exercise of EU Competence? from Supervening Exclusivity to Institutional Balance in Limiting Facultative Mixity Merijn Chamon
PART 2 EU Sector Specific Issues of Facultative Mixity
6 Facultative Mixity and the European Union’s Trade and Investment Agreements Gesa Kübek and Isabelle van Damme
7 Old Habits Die Hard: Questions of Facultative Mixity in Relation to the Common Foreign and Security Policy Peter van Elsuwege
8 Facultative Mixity in the Area of Freedom Security and Justice emsp; Claudio Matera and Mauro Gatti
PART 3 Facultative Mixity and the EU Institutions
9 Facultative Mixity after the Singapore Opinion: Clarity or Fresh Doubts? Luca Prete
10 On ‘Facultative’ Mixity: Some Views from the North of the Rue de la Loi Fernando Castillo de la Torre
11 Mixity versus Unity: a View from the Other Side of the Rue de la Loi Sonja Boelaert
12 Mixed Agreements from the Perspective of the European Parliament Sonja Boelaert
PART 4 International and National Constitutional Law Perspectives on Facultative Mixity
13 Facultative Mixity in the International Legal Order – Tolerating European Exceptionalism? Jed Odermatt
14 The Netherlands and (Facultative) Mixity: Pragmatism over Principles? Liesbeth A Campo, Andrea Ott and Ramses Wessel
15 Mixed Agreements in the Italian Legal Carlo Tovo
16 The Reception of EU Facultative Mixity in Germany’s Constitutional Order Wolfgang Weiß
17 Retour sur la Compétence Externe Partagée de l’Union: L’arrêt cotif et les Conditions de sa mise en Application Diégo Colas
18 Shaping the Future of Mixity Joni Heliskoski
Academics working in the field of EU external relations, EU constitutional law or international organisations. Students of EU external relations law. Practitioners working at administrations at the level of the EU Member States or the EU, or the EU’s treaty partners, be it international organisations or third states.