From an EU perspective, the CRPD is a so-called mixed agreement. This means that it is an international agreement that is concluded both by the EU and its individual Member States. This raises important legal questions, since it implies that for part of the agreement, the EU exercises its competences whereas, for the other part(s), the Member States have retained and exercised competences. The mixed nature of an agreement has several repercussions in relation to the negotiation and ratification of the agreement, as well as for the question of the international responsibility of the EU and the Member States. In addition, the ‘mixity’ raises the question as to which specific EU obligations are incumbent on the Member States in relation to the agreement. The present chapter discusses these issues by focusing specifically on the CRPD as a mixed multilateral agreement.
Edited by Delia Ferri and Andrea Broderick
Constitutionalism, Rights and Norms
Tawhida Ahmed and Elaine Fahey
This project has asked contributors to undertake a critical review of the ideas of justice and injustice as they relate to Brexit. The book has asked whose justice is affected by Brexit? What justice is affected by Brexit? What does a just society look like? Whether Brexit is perceived as one of justice or injustice is related strongly to our perspective of the kind of British, European and global society we want and envisage. This project has also asked how can a ‘just’ Brexit be evaluated from an intellectual and methodological perspective, in order to assess our understanding of whether and how national and global governance affect the pursuance of a just society? This has been underpinned by the unique circumstance of Brexit, which concerns the situation of withdrawal from globalisation, or more specifically, an exit of a state from an international organisation. The diverse contributions in the book have been useful in enabling the book to make some observations about the ways in which the topic of Brexit is approached, and what this may expose about our use of frameworks, concepts and methodologies of (legal) research on Brexit.