Redefining the boundaries of the Common Commercial Policy and the ERTA doctrine: Opinion 3/15, Marrakesh Treaty
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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 |
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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