Article (Scientific journals)
The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA
Mendes, Joana
2017In European Papers, 2 (2), p. 489-517
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Keywords :
global regulatory regimes; international decisions; Comprehensive Economic and Trade Agreement (CETA)
Abstract :
[en] The legal status of binding and non-binding international decisions adopted by global regulatory bodies in EU law, their authority (as acknowledged in the case law of the CJEU) and legal effects allow one to characterise them as the external administrative layer of EU law-making. Mega-regional agreements, of which the Comprehensive Economic and Trade Agreement (CETA) is an instance, have the potential to expand this tier of aw. This article maps the substantive legal effects of international decisions in EU law as expounded by the CJEU, arguing that the case law the Court developed is transposable to future decisions of CETA bodies. Furthermore, it contrasts their possible substantive impact in EU law with the weaknesses of procedural controls over the exercise of public authority by those bodies.
Disciplines :
Public law
Author, co-author :
Mendes, Joana ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
The External Administrative Layer of EU Law-making: International Decisions in EU Law and the Case of CETA
Publication date :
2017
Journal title :
European Papers
Special issue title :
The New Frontiers of EU Administrative Law: Is There an Accountability Gap in EU External Relations?
Volume :
2
Issue :
2
Pages :
489-517
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
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since 24 November 2017

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