Redefining the boundaries of the Common Commercial Policy and the ERTA doctrine: Opinion 3/15, Marrakesh Treaty
Research output: Journal contributions › Journal articles › Research › peer-review
Authors
What is the precise scope of the Common Commercial Policy (CCP) and the EU’s otherwise implied exclusive treaty-making powers?The European Court of Justice was asked to clarify this very question in a series of cases and Opinions which were decided in 2017, the first of which to appear was Opinion 3/15 on the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled. The high point was reached in Opinion 2/15 on the EU-Singapore Free Trade Agreement, and the question was subsequently revisited in Case C-389/15 on a revised Lisbon Agreement on Appellations of Origin and Geographical Indications. 1 At the heart of the Court’s latest CCP-related decisions is the procedural clash between “EU-only” and “mixity”: the question whether an international agreement is to be concluded by the EU alone, or alternatively, may or must include the Member States as contracting parties in their individual capacity. 2
| Original language | English | 
|---|---|
| Journal | Common Market Law Review | 
| Volume | 55 | 
| Issue number | 3 | 
| Pages (from-to) | 883-899 | 
| Number of pages | 17 | 
| ISSN | 0165-0750 | 
| DOIs | |
| Publication status | Published - 2018 | 
| Externally published | Yes | 
- Law
 - Political Science and International Relations
 
ASJC Scopus Subject Areas
- Law
 
