January 27
2022
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2nd November 2021
External Relations & Trade Institutional law Justice & Litigation

Op-Ed: “The Modification/Amendment of EU International Agreements – Unanimous or Qualified Majority Decision-making? The Opinion of AG Richard de la Tour in Commission v Council (South Korea)” by Graham Butler

Introduction

International agreements of the EU with third States continue to throw up difficult legal questions. These are questions not of international relations themselves between the EU, its Member States, and third States; but rather, as regards EU institutional law and EU procedural law. Commission v Council (South Korea) (C-275/20) is one of quite a number of pending cases before the Court of Justice (the Court) dealing with the evolution of EU external relations law, as the EU continues its quest to be a truly global legal actor.

In the modern era, international agreements of the EU are ordinarily concluded using Article 218 TFEU as the procedural grounds, which encompasses reasonably detailed provisions, which are

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