Browsing by Subject "EU-only agreement"

In December 2020, the Brexit negotiations resulted in the EU-UK Trade and Cooperation Agreement, an exceptional association agreement which reaches in its scope beyond traditional free trade agreements. The comprehensive association agreement was concluded between the UK and the EU only, albeit the agreement covers areas in which the competences are shared between the EU and its Member States. The thesis assesses the approval process of the agreement and the unprecedented exercise of the EU competences under the EU-UK Trade and Cooperation Agreement. The research question of the thesis is whether there are any reasons to question the legitimacy of the EU external action of concluding the EU-UK Trade and Cooperation Agreement in current form and way. The aim of the thesis is to understand the justification of the exceptional external action and the considerations preceding the decision-making at the EU level, and to outline practical ramifications of opting for pure EU agreement instead of mixed agreement. The thesis concludes that the absence of legal scrutiny before the CJEU and the lack of adequate involvement of the national parliaments result in legal and political uncertainty. The thesis argues that the exceptional circumstances of Brexit fail to justify the haste procedure and the solutions adopted in the EUUK Trade and Cooperation Agreement. This is because the exercise of the EU competences under the agreement has restraining consequences on the Member States and limits their possibility to influence the decision-making at the EU level. The extensive reliance on diplomatic channels in solving disputes removes certain policy areas from the jurisdiction of any court and may subject fundamental rights or rule of law concerns to political deliberations. The thesis stresses the need for greater transparency and stronger constitutional approval for the EU external actions.