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The Non-Ratification Of Mixed Agreements Legal Consequences And Solutions

April 13, 2021 / lanphear / Uncategorized

The referendum in the Netherlands on the 2016 EU-Ukraine Association Agreement and Belgium`s Walloon objection to signing CETA raised questions about the consequences of the non-ratification of joint agreements between the EU, its member states and one or more third parties. This non-ratification would lead to so-called “incomplete” joint agreements. This article discusses the legal issues associated with incomplete agreements and highlights the differences between bilateral and multilateral agreements. Now that the mix seems to be becoming more and more frequent – due to the extension of the scope of free trade agreements – and eu citizens and their parliaments are becoming more open about the content of these agreements, it seems that it is only a matter of time before we face problems of non-ratification. The lack of clarity in the distribution of external powers between the EU and its Member States complicates the solution to clear solutions. Overall, however, it does not seem desirable to rely on ex post solutions for non-ratification problems; Perhaps we need to find ways to leave potential problems on the negotiating table sooner. Non-ratification of mixed agreements: legal consequences and solutions. / Van Der Loo, Guillaume; Wessel, Ramses A. . .

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