Volume 52 (2015) / Issue 5
Inge Govaere, 'Setting the international scene: EU external competence and procedures post-Lisbon revisited in the light of ECJ Opinion 1/13' (2015) 52 Common Market Law Review, Issue 5, pp. 1277–1307
The article looks at Opinion 1/13 and the broader implications of the Lisbon Treaty for EU external relations competence and procedures. Two novel substantive issues are discussed. The first is the potential impact of the catalogue of competences in the Lisbon Treaty, and the codification of the doctrine of implied powers in Articles 3(2) TFEU and 216(1) TFEU. Has the Lisbon Treaty managed to reinstate the Member States as “masters of the Treaties” that can not only “codify” and “contain” but even “reverse” case law of the ECJ on EU external competence? The second is how far can the EU take part in “setting the international scene”, in an extra-EU context. Should the outcome be different according to the subject matter, or the nature of EU competence? The article also examines the instrumentalization of the Opinion procedure by the Commission to force the adoption of a Union position in the Council.
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