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EU External Relations Post-Lisbon
The Law and Practice of Facultative Mixity
Series: - Studies in EU External Relations, Volume: 16
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treatyâs entry into force that âmixity was here to stayâ. While this has indeed proven to be the case, the Court of Justiceâs jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of âfacultative mixityâ. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EUâs treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member Statesâ legal systems, that of the EUâs 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.
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.
Acknowledgements
List of Abbreviations
Notes on Contributors
Table of Case Law
Introduction: Facultative Mixity, More than Just a Childhood Disease of EU Law?
ââMerijn Chamon and Inge Govaere
1âMixity Past, Present and Future:Â Some Observations
ââAllan Rosas
âPART 1
EU Constitutional Principles Applied to Facultative Mixity
2âFacultativeâ and âFunctionalâ Mixity Consonant with the Principle of Partial and Imperfect Conferral
ââInge Govaere
3âFacultative Mixity in the Light of the Principle of Subsidiarity
ââIsabelle Bosse-Platière and Marise Cremona
4âFacultative Mixity and Sincere Cooperation
ââChristophe Hillion and Merijn Chamon
5âExistence or Exercise of EU Competence? from Supervening Exclusivity to Institutional Balance in Limiting Facultative Mixity
ââMerijn Chamon
âPART 2
EU Sector Specific Issues of Facultative Mixity
6âFacultative Mixity and the European Unionâs Trade and Investment Agreements
âGesa Kübek and Isabelle van Damme
7âOld Habits Die Hard:Â Questions of Facultative Mixity in Relation to the Common Foreign and Security Policy
ââPeter van Elsuwege
8âFacultative Mixity in the Area of Freedom Security and Justice
emsp;âClaudio Matera and Mauro Gatti
âPART 3
Facultative Mixity and the EU Institutions
9âFacultative Mixity after the Singapore Opinion:Â Clarity or Fresh Doubts?
ââLuca Prete
10âOn âFacultativeâ Mixity:Â Some Views from the North of the Rue de la Loi
ââFernando Castillo de la Torre
11âMixity versus Unity:Â a View from the Other Side of the Rue de la Loi
ââSonja Boelaert
12âMixed Agreements from the Perspective of the European Parliament
ââSonja Boelaert
âPART 4
International and National Constitutional Law Perspectives on Facultative Mixity
13âFacultative Mixity in the International Legal Order â Tolerating European Exceptionalism?
ââJed Odermatt
14âThe Netherlands and (Facultative) Mixity:Â Pragmatism over Principles?
ââLiesbeth A Campo, Andrea Ott and Ramses Wessel
15âMixed Agreements in the Italian Legal
ââCarlo Tovo
16âThe Reception of EU Facultative Mixity in Germanyâs Constitutional Order
ââWolfgang WeiÃ
17âRetour sur la Compétence Externe Partagée de lâUnion: Lâarrêt cotif et les Conditions de sa mise en Application
ââDiégo Colas
18âShaping the Future of Mixity
ââJoni Heliskoski
âBibliography
âIndex
List of Abbreviations
Notes on Contributors
Table of Case Law
Introduction: Facultative Mixity, More than Just a Childhood Disease of EU Law?
ââMerijn Chamon and Inge Govaere
1âMixity Past, Present and Future:Â Some Observations
ââAllan Rosas
âPART 1
EU Constitutional Principles Applied to Facultative Mixity
2âFacultativeâ and âFunctionalâ Mixity Consonant with the Principle of Partial and Imperfect Conferral
ââInge Govaere
3âFacultative Mixity in the Light of the Principle of Subsidiarity
ââIsabelle Bosse-Platière and Marise Cremona
4âFacultative Mixity and Sincere Cooperation
ââChristophe Hillion and Merijn Chamon
5âExistence or Exercise of EU Competence? from Supervening Exclusivity to Institutional Balance in Limiting Facultative Mixity
ââMerijn Chamon
âPART 2
EU Sector Specific Issues of Facultative Mixity
6âFacultative Mixity and the European Unionâs Trade and Investment Agreements
âGesa Kübek and Isabelle van Damme
7âOld Habits Die Hard:Â Questions of Facultative Mixity in Relation to the Common Foreign and Security Policy
ââPeter van Elsuwege
8âFacultative Mixity in the Area of Freedom Security and Justice
emsp;âClaudio Matera and Mauro Gatti
âPART 3
Facultative Mixity and the EU Institutions
9âFacultative Mixity after the Singapore Opinion:Â Clarity or Fresh Doubts?
ââLuca Prete
10âOn âFacultativeâ Mixity:Â Some Views from the North of the Rue de la Loi
ââFernando Castillo de la Torre
11âMixity versus Unity:Â a View from the Other Side of the Rue de la Loi
ââSonja Boelaert
12âMixed Agreements from the Perspective of the European Parliament
ââSonja Boelaert
âPART 4
International and National Constitutional Law Perspectives on Facultative Mixity
13âFacultative Mixity in the International Legal Order â Tolerating European Exceptionalism?
ââJed Odermatt
14âThe Netherlands and (Facultative) Mixity:Â Pragmatism over Principles?
ââLiesbeth A Campo, Andrea Ott and Ramses Wessel
15âMixed Agreements in the Italian Legal
ââCarlo Tovo
16âThe Reception of EU Facultative Mixity in Germanyâs Constitutional Order
ââWolfgang WeiÃ
17âRetour sur la Compétence Externe Partagée de lâUnion: Lâarrêt cotif et les Conditions de sa mise en Application
ââDiégo Colas
18âShaping the Future of Mixity
ââJoni Heliskoski
âBibliography
âIndex
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 EUâs treaty partners, be it international organisations or third states.