European Union, exclusive competence, Geneva Act, common commercial policy, institutional balance, loyal cooperation, EU law, international agreements, Court of Justice of the European Union
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Abstract
The Court of Justice of the European Union confirms the EU's exclusive competence in concluding the Geneva Act, preserving institutional balance and loyal cooperation.
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[...] - Introduction and detailed plan In the Commission/Ireland judgment of 30 May 2006, the ECHR had concluded that circumventing Article 344 TFEU by using another system of regulation was contrary to the principle of loyal cooperation between the Community and its Member States. This fundamental principle of interinstitutional balance is at the heart of the CJEU judgment, Commission v. Council of 22 November 2022. The history of the distribution of competences between the European Union and its Member States dates back to the creation of the European Communities. [...]
[...] The classification of the Geneva Act as falling within the common commercial policy - The Geneva Act, adopted in 2015, aims to regulate intellectual property rights related to geographical indications and designations of origin, which directly impact commercial relations between the European Union and third countries. - Article 207 of the TFEU : Establishes the exclusive competence of the Union in the area of common commercial policy, including for the commercial aspects of intellectual property. CJEU, judgmentCommission v Council (2017) : the Court has confirmed that the negotiation of an international agreement falling within the common commercial policy must be conducted by the Union alone. B. [...]
[...] However, by modifying the Commission's proposal to enable Member States to participate in the Geneva Act as well, the Council has been accused of undermining the principles of institutional balance and loyal cooperation between European institutions. II. The preservation of institutional balance and the principle of loyal cooperation between the institutions of the Union In this judgment, the Court preserves institutional balance and the principle of loyal cooperation between the institutions of the Union by recognizing the infringement of these principles by the Council which allows for their strengthening, essential for the proper functioning of the Union A. [...]
[...] The unity of the Union's external representation and the coherence of the foreign policy : CJEU, opinion 1/94 (WTO) : the exclusive competence in commercial matters aims to ensure a unique position of the Union, allowing to avoid any fragmentation in external relations. CJEU, judgmentCommission v Council (2017) : a fragmented representation, in which Member States would act independently alongside the Union, could undermine the authority and coherence of the Union in its international relations. The Court in the judgmentCommission v Council ((2022) emphasizes the importance of loyal cooperation between institutions to avoid institutional conflicts that could weaken the Union in its international relations. [...]
[...] - CJEU, judgmentCommission v Council (2022) : the modification by the Council of the Commission's proposal, by introducing an authorisation for the Member States to ratify the Geneva Act, has exceeded its powers. - Article 293, paragraph TFEU : Although the Council may amend a Commission proposal by voting unanimously, the amendment must not distort the objective of the proposal. Protection of the integrity of the Commission's competences in international negotiations : The Council's intervention weakens the authority of the Commission as the sole negotiator in the field of common commercial policy. [...]
