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Dergiler / Uluslararası Ticaret ve Tahkim Hukuku Dergisi / 2016 / Cilt: 5 - Sayı: 1

USÜL SAVAŞI BİTTİ Mİ? AVRUPA BİRLİĞİ ADALET DİVANI'NIN C-425/13, EUROPEAN COMMISSION VS COUNCIL OF THE EUROPEAN UNION DAVASINDAKİ KARARI (16 TEMMUZ 2015) İLE İLGİLİ BİR YORUM

THE (PROCEDURAL) WAR IS OVER? A COMMENTARY ON THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-425/13, EUROPEAN COMMISSION VS COUNCIL OF THE EUROPEAN UNION (16 JULY 2015)

Alexis MASSOT

Sayfa
255–264
DOI
—

Özet

For the first time, the European Court of Justice has been called upon to rule on the scope of the Council's authority to address directives to the European Commission in the context of an international negotiation. Its judgment in case C-425/13 re-affirms the negotiating powers of the European Commission but it also sets a high standard for the Council's right to be informed during the negotiation. The significance of this judgement goes beyond the facts of this case, since the debate which the Court had to settle could well arise in the context of future negotiations of the European Union.

Abstract

For the first time, the European Court of Justice has been called upon to rule on the scope of the Council's authority to address directives to the European Commission in the context of an international negotiation. Its judgment in case C-425/13 re-affirms the negotiating powers of the European Commission but it also sets a high standard for the Council's right to be informed during the negotiation. The significance of this judgement goes beyond the facts of this case, since the debate which the Court had to settle could well arise in the context of future negotiations of the European Union.