The Participation of the EU and its Member States in Multilateral Environmental Negotiations post Lisbon

Peacebuilding conditionalities: An alternative to migration conditionalities for European Union development policy

“…In development policy and humanitarian aid, the exercise of a competence by the EU does “not result in Member States being prevented from exercising theirs” (Article 4(4) TFEU). Although the term “parallel competences” is not included in the Treaties, it has been used to refer to shared competences that correspond to this exception (De Baere, 2008, p. 112; Van Eeckhoutte & Corthaut, 2017, p. 10). The EU’s competence in immigration is shared with the Member States, but this is not a parallel competence.…”

The EU’s External Action after Lisbon: Competences, Policy Consistency and Participation in International Environmental Negotiations

“…Crucially, negotiations not aimed at adopting such a legally binding instrument, as is usually the case within treaty-bodies of multilateral environmental agreements (MEA), such as the Conference of the Parties (or indeed any subsidiary body thereof) are not covered by the procedures set out in article 218 TFEU. Rather, as van Eeckhoutte and Corthaut argue, these aspects of the conduct of international environmental negotiations on behalf of the EU for which the EU Treaties provide little guidance ought to be addressed from the perspective of general principles, such as the principle of inter-institutional balance 86 and the principle of sincere cooperation, 87 with the latter being interpreted by the Court as entailing enforceable substantive and procedural obligations with a view to protecting the unity in the international representation of the EU. 88 Post-Lisbon, in general, the Commission is explicitly mandated to represent the Union externally, 89 without reference to the role for the rotating Presidency of the Council, which had in practice spoken for the Union and its Member States in MEA fora both to allow the Commission, informally, to draw on qualified experts from Member States and to represent Member States' political and financial interest in EU international environmental policy-making.…”

“…In 2011, the Council endorsed the General Arrangements for EU Statements in multilateral organisations 93 that provide some guidance, even if they are deliberately vague and avoid addressing any of the most controversial aspects of the EU's representation in those forums. 94 The overarching principle under which the General Arrangements are set out is that, '… the preparation of statements relating to the sensitive area of competences of the EU and its Member States should remain internal and consensual.' 95 Accordingly, under the General Arrangements, Member States' and the EU's delegations commit to coordinating their action to the fullest extent possible, ensure the fullest possible transparency through adequate and timely prior consultation.…”