Sentences with phrase «facultative mixity»

Commentators usually distinguish this type of mixity (facultative mixity) from compulsory mixity, which applies when the agreement in question covers both matters falling within the exclusive competence of the European Union and matters falling within the exclusive competence of the Member States.

If the Court did reject the theory of facultative mixity — and it by all means it has the looks of it — this would have significant consequences for the EU's ability to conclude international agreements in areas of shared competence.

Facultative mixity, on the other hand, arises when the agreement falls within shared competence of the EU and the Member States.

The notion of facultative mixity recognizes the ability of the Union's legislator to exercise discretion over whether to conclude an international agreement as an EU - only or a mixed agreement when parts of it fall under shared competences.

As a corollary to facultative mixity, international agreements falling in part or in toto within the ambit of shared competences may also be concluded exclusively by the Union, thus giving room to the notion of «facultative EU - only» agreements.

First, did the CJEU intend with its reasoning to effectively abolish «facultative mixity» and «facultative EU - only» agreements?

In other words, the Court was not prepared to abandon the notion of facultative mixity just yet.

The discussion on facultative mixity revolves around a seemingly simple question: to what extent does the nature of the EU's competence (exclusive or shared) over an international agreement (or part of it) determine whether the agreement is supposed to be concluded by the EU alone or together with the Member States as a «mixed» agreement?

«Facultative mixity» constitutes in this respect an important instrument to balance, on the one hand, reputational concerns of the EU as a treaty - making actor as well as the effective implementation of the CCP, with, on the other hand important concerns over legitimacy and democratic scrutiny and, more generally, the role of the domestic parliaments in EU external relations.