The Non-Ratification Of Mixed Agreements Legal Consequences And Solutions

Non-ratification of mixed agreements: legal consequences and solutions. / Van der Loo, Guillaume ; Wessel, Ramses A. The referendum held in the Netherlands in 2016 on the EU-Ukraine Association Agreement and the Walloon objection in Belgium to the signing of CETA raised the question of the consequences of not ratifying the mixed agreements concluded between the EU, its Member States and one or more third parties. This non-ratification would lead to so-called ”incomplete” mixed agreements. This article discusses the legal problems associated with incomplete agreements and highlights the differences between bilateral and multilateral agreements. Now that gender diversity seems to have become more frequent – due to the wider scope of free trade agreements – and that EU citizens and their parliaments are becoming more open about the content of these agreements, it seems that it is only a matter of time before we face problems of non-ratification. The lack of clarity in the division of competences for the external economy between the EU and its Member States makes it difficult to put in place clear solutions. However, on the whole, it does not seem desirable to rely on ex post solutions in the event of problems of non-ratification; We may need to find ways to bring potential issues to the negotiating table earlier. . UR – www.scopus.com/inward/record.url?scp=85020102703&partnerID=8YFLogxK. .

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