The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations

Bibliographic Data

ID9194355
AuthorsChristophe Eckes (0000-0003-2131-0123, European Faculty of Law, corresponding author), Päivi Leino-Sandberg (0000-0003-3691-785X, University of Helsinki)
Year2022
Volume85
Issue1
Pages164-197
Publication date2022-01-01
Open AccessYes
TypeARTICLE
VenueModern Law Review (JOURNAL)
Journal identifiersISSN: 0026-7961 • E-ISSN: 1468-2230
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1468-2230.12698
OpenAlexW3193805043
LanguageEN
Citations received2

In the final days of 2020, the European Union and the United Kingdom concluded a Trade and Cooperation Agreement (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU‐UK TCA is unique as concerns the circumstances of its negotiation and adoption, as well as its substance. However, contrary to the argument of the EU institutions, the agreement will have broad implications for the understanding of the EU's external competence and Member States’ ability to act in areas that are national competence and rely on national budgets. We are critical of the legitimacy of the TCA's conclusion process, consider that the lack of a deep constitutional analysis of the consequences of EU‐only conclusion of the TCA, and of the TCA itself, are problematic, and believe that the choices made are likely to create difficulties for the implementation and enforcement of the agreement

Argument (complex analysis) · Business · Competence (human resources) · Economics · Enforcement · European union · International trade · Law and economics · Legitimacy · Member states · Negotiation · Political science · Politics · Social partners · European and International Law Studies · European Criminal Justice and Data Protection · Law · Public Administration

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