The Conclusion and Implementation of EU Free Trade Agreements
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The Conclusion and Implementation of EU Free Trade Agreements

Constitutional Challenges

Edited by Isabelle Bosse-Platière and Cécile Rapoport

This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
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Chapter 11: The joint committees established by free trade agreements and their impact on EU law

Emanuel Castellarin

Abstract

The debates on CETA have shown that joint committees established by new generation free trade agreements can have significant implications for the EU legal order. This chapter identifies challenges and solutions for an orderly implementation of these agreements in full compliance with EU law. Joint committees are institutional structures without legal personality, created to frame the parties’ joint exercise of a wide array of powers which range from discussion to binding law-making. The EU has the power to establish joint committees within its fields of competence, but the appropriate involvement of Member States is needed in mixed agreements. The activity of EU institutions within joint committees is partially framed by procedural provisions (Articles 218(7) and 218(9) TFEU). However, it can only be compatible with the EU legal order if it complies with other substantive and institutional constraints of constitutional ranking, which imply in particular the involvement of the European Parliament.

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