The Last Legacy of Brexit: An Unlawfully Concluded Trade and Cooperation Agreement

Abstract

This paper explains why the European Union does not have the power to conclude the new UK Trade and Cooperation Agreement without the Member States. The Agreement necessarily is a mixed agreement (obligatory mixity). In order to enter into force, it needs to be ratified by the Union and all the Member States.

Keywords: European Union, Brexit, foreign relations law, division of powers/competences, implied powers, exclusive powers, mixed agreements, Court of Justice of the EU (CJEU), Opinion on Singapore Trade Agreement, Dano