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

Research output: Journal contributionsJournal articlesResearchpeer-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 languageEnglish
JournalCommon Market Law Review
Volume55
Issue number3
Pages (from-to)883-899
Number of pages17
ISSN0165-0750
DOIs
Publication statusPublished - 2018
Externally publishedYes

    Research areas

  • Law

DOI