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Rules Governing the Joint Participation of the EC, Next to the Member States, in "Mixed Agreements" and International Organizations

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Chapter Summary

This chapter outlines the general rules governing the accession to and joint participation of the Community and the member states in so-called “mixed agreements” and international organizations (IOs). It discusses the division of external competence between the Community and the member states and its legal implications. The chapter addresses the procedural rules, as developed in the day-by-day practice of the Community, on how to apply the duty of close cooperation to the negotiation, conclusion, entry into force and implementation of mixed agreements. As the Court has pointed out, in areas under the Community’s “exclusive” competence, such as fisheries, member states have “fully and definitively” transferred their power to the Community and are no longer entitled to take individual actions outside the European Community (EC) framework.

Keywords: European Community (EC); international organizations (IOs); member states; mixed agreements



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