Marja-Liisa Öberg
Senior lecturer
Foreseeability and Anticipation as Constraints on Member State Action under Mixed Agreements
Author
Editor
- Nicolas Levrat
- Yuliya Kaspiarovich
- Christine Kaddous
- Ramses A Wessel
Summary, in English
The Member States’ external action, including the conclusion of mixed agreements, is constrained not only by an obligation to conform to EU law as it is but also by an obligation to foresee or anticipate its future developments. The latter may concern either changes in legislation or policy, or the case law of the Court of Justice. Foreseeability demands anticipation or awareness of a future event or circumstance. Anticipation, on the other hand, suggests a prior action which takes into consideration a later action.
This chapter discusses the relevance of both foreseeability and anticipation as concepts in EU law, generally, and EU external relations law, particularly, with special regard to the conclusion of mixed agreements. It shows that Union institutions must foresee certain future developments and events when taking action both internally and externally, while elements of anticipation constrain Member States based on the duty of loyal cooperation. It establishes both the substantive and temporal scope of these duties imposed on the Member States and discusses their relevance with regard to the case law of the Court of Justice in the context of mixed agreements. Overall, the chapter intends to contribute to understanding the temporal, ‘prospective’ side of restrictions incumbent on the Member States’ external action, especially in the context of mixed agreements.
This chapter discusses the relevance of both foreseeability and anticipation as concepts in EU law, generally, and EU external relations law, particularly, with special regard to the conclusion of mixed agreements. It shows that Union institutions must foresee certain future developments and events when taking action both internally and externally, while elements of anticipation constrain Member States based on the duty of loyal cooperation. It establishes both the substantive and temporal scope of these duties imposed on the Member States and discusses their relevance with regard to the case law of the Court of Justice in the context of mixed agreements. Overall, the chapter intends to contribute to understanding the temporal, ‘prospective’ side of restrictions incumbent on the Member States’ external action, especially in the context of mixed agreements.
Department/s
- Department of Law
Publishing year
2022
Language
English
Pages
59-76
Publication/Series
Modern Studies in European Law
Document type
Book chapter
Publisher
Hart Publishing Ltd
Topic
- Law
Keywords
- EU law
- Public international law
- EU-rätt
- Folkrätt
Status
Published
ISBN/ISSN/Other
- ISBN: 978-1-50994-587-0
- ISBN: 978-1-50994-590-0