Agreements with other Countries
- Working discussions between Robert Zoellick, US trade representative, and Commissioner for Trade Pascal Lamy in 2002 (Photo: European Commission)
The Lisbon Treaty Art. 47 TEU gives the EU status as a "legal person" capable of entering agreements and negotiating and signing treaties as if it is a state in all areas where the EU is able to legislate.
In other areas member states may still enter into international agreements on their own.
Art. 8 TEU in particular states that, in order to develop a special relationship with neighbouring countries, the Union may conclude with them specific agreements.
These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly.
Before the Lisbon Treaty the EU and the member states could have agreements with other countries aswell. The EU could enter into agreements on behalf of the member states for some but not all issues. It could sign treaties and agreements when it had legal personality.
The full European Union did not yet have a full legal personality. If the EU wanted to sign an agreement, all member states often had to sign also.
Under the former Nice Treaty the European Community, the EC, did have legal personality and could sign agreements with countries outside the EU ("third countries", mainly on commercial matters under the common comemecial policy. The EC had the competence to negotiate and sign international agreements when this was stated in the treaties.
The EC could also make agreements with other countries when it had the internal competence to regulate a topic. See also AETR case. The EU had no legal personality for Second and Third pillar issues, foreign policy and home affairs.
The Lisbon Treaty had the pillar structure to disappear.
Notes
The Lisbon Treaty require a formal "consent" from the European Parliament in all important international agreements, see Art. 218.6 TFEU.
See also
Bilateral Agreements Switzerland - EU
