A delicate institutional balance in the negotiation of international agreements on behalf of the European Union

Raluca-Elena CĂLIN*

Abstract: Case C-425/13, European Commission2 v Council of the European Union,3 concerns an action for annulment under Article 263 TFEU, brought on 24 July 2013 by the European Commission. The judgment of the Court of Justice of the European Union on the Case C-425/13 provides a useful analysis on the Council’s powers in the negotiation of international agreements by the European Union through the negotiating directives and the special committee set out in accordance with Article 218 (4) TFEU. The Court’s reasoning in Case C-425/13 clarifies, to a certain extent, the scope of the Council’s authority to lay down negotiating directives, in particular as regards the inclusion of procedural provisions, and the consultative role of the special committee assisting the Commission during the negotiation process. What makes the Court’s judgment even more interesting is that this is the first time that the Court has been called upon to rule on these aspects.

Key-words: negotiating directives, special committee, institutional balance, EU external relations law

* Raluca-Elena Călin holds a Bachelor’s degree in Law from the Faculty of Law, University of Bucharest, a Bachelor’s degree in Law, from the Franco-Romanian College for European Studies (Diploma from Paris 1 Panthéon-Sorbonne), a “Certificate for the initiation in the French Legal System” from the Faculty of Law, Political Sciences and Management, Strasbourg University (Erasmus), a Master’s degree in European and International Business Law, from Franco-Romanian College for European Studies (Master I; Diploma from Paris 1 Panthéon-Sorbonne) and a Master’s degree in International Law, International Administration from Sorbonne Law School – Paris 1 Panthéon-Sorbonne University (Master II). The opinions expressed in this article are solely the author’s and do not engage the institution she belongs to.

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