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

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Redefining the boundaries of the Common Commercial Policy and the ERTA doctrine: Opinion 3/15, Marrakesh Treaty. / Kübek, Gesa.
In: Common Market Law Review, Vol. 55, No. 3, 2018, p. 883-899.

Research output: Journal contributionsJournal articlesResearchpeer-review

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@article{50ccd9f209a44934a4975109bed35100,
title = "Redefining the boundaries of the Common Commercial Policy and the ERTA doctrine: Opinion 3/15, Marrakesh Treaty",
abstract = "What is the precise scope of the Common Commercial Policy (CCP) and the EU{\textquoteright}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{\textquoteright}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 ",
keywords = "Law",
author = "Gesa K{\"u}bek",
year = "2018",
doi = "10.54648/COLA2018073",
language = "English",
volume = "55",
pages = "883--899",
journal = "Common Market Law Review",
issn = "0165-0750",
publisher = "Kluwer Law International",
number = "3",

}

RIS

TY - JOUR

T1 - Redefining the boundaries of the Common Commercial Policy and the ERTA doctrine: Opinion 3/15, Marrakesh Treaty

AU - Kübek, Gesa

PY - 2018

Y1 - 2018

N2 - 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

AB - 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

KW - Law

UR - https://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2018073

UR - http://www.scopus.com/inward/record.url?scp=85062921356&partnerID=8YFLogxK

U2 - 10.54648/COLA2018073

DO - 10.54648/COLA2018073

M3 - Journal articles

VL - 55

SP - 883

EP - 899

JO - Common Market Law Review

JF - Common Market Law Review

SN - 0165-0750

IS - 3

ER -

DOI