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(Series Information) European Papers - A Journal on Law and Integration, 2016 1(2), 751-758 | European Forum Insight of 4 May 2016 | (Table of Contents) I. Introduction. - II. The judgment of the Court and the opinion of the Advocate General. - II.1. Arguments of the parties. - II.2. The judgment of the Court: international tribunals as regular courts? - II.3. The opinion of Advocate General Sharpston. - III. Concluding remarks. | (Abstract) The judgment in case C-73/14, Council v. Commission, forms part of the saga of inter-institutional disputes arising after the entry into force of the Treaty of Lisbon in the context of EU external representation. The Court in this case, in line with Advocate General Sharpston, excludes the applicability of Art. 218, para. 9, TFEU to the submission of statements by the EU before judicial bodies established by international agreements. In this case, the Court established the applicability of Art. 335 TFEU as a sufficient legal basis for the Commission to represent the EU in international judicial proceedings. Insofar as there were no policy-making choices in the submission of the statements for ITLOS advisory opinion in Case No 21, Art. 16, para. 1, TEU had been fully respected. This was also the case for Art. 13, para. 2, TEU and the duty of loyalty, insofar as the Commission had duly consulted the Council and taken the observations from the FISH and COMAR groups into account. |
