Mixity and Exercising Shared Competence in International Fora: Commission v Council (Antarctic Marine Protected Areas)

THE Antarctic Marine Protected Areas ( Antarctic MPAs ) cases primarily concerned the choice of legal basis – common fisheries policy (CFP) and/or protection of the environment – and the exercise of shared external competence in an international forum in which the EU and Member States are represented. The original contribution of the judgment in these cases to the law on EU external relations relates to the impact of international law on the exercise of shared competences. However, the judgment also shed light on the extent to which environmental issues can be addressed under the CFP and contained findings on the role of Council ’ s Committee of Permanent Representatives (COREPER) regarding the establishment of the Union ’ s position in international fora and the possibility to challenge COREPER decisions before the Court. This chapter sketches the impact of the case in these three areas.

ISBN:978-1-50993-969-5

Jaar van publicatie:2022

Toegankelijkheid:Closed