Workshop: Mixity and the Court

As a result of the imperfect and incomplete conferral of competences to the European Union (EU), the EU often cannot act independently in its external relations. To conduct its foreign policy and external relations, the EU must then act together with, or through, its Member States, in a ‘mixed’ (EU-Member State) action. The mixed nature of their combined action may be manifest, in which case the involvement of both the EU and its Member States is formally expressed to the outside world (e.g. because both the EU and the Member States become parties to an agreement, because a position is expressed on behalf of both the EU and the Member States, etc.). 

Mixed action can also be blurred however, in which case the mixed nature of the action is not immediately apparent to the outside world. The constellations of such blurred mixed action vary from the Commission negotiating a mixed agreement on behalf of both the EU and its Member States to Member States acting following coordination with EU institutions or  Member States being exceptionally authorized by the EU to exercise EU exclusive competences.

Both manifest and blurred mixed action in external relations raise several questions, including that of the degree to which the CJEU has jurisdiction over such mixed action. 

The workshop will identify the grounds for and limits to the CJEU’s jurisdiction in the different constellations of mixed external action.

To attend the conference as a non-speaker, please register below. Please note that places are limited and that your registration is only accepted once the fee of € 25 (to cover catering costs) is paid.