Political implementation in mixed agreements in international context
The present project enlarges the perspective of the research to the leeway of the European administrations in its signification for the extern relations of the European Union. On international level, owing to so called mixed agreements, the EU participates, in common with its proper member states, in several international organizations. In the frame of these agreements the EU and its member states are recipients of international structuring policy duties, which are part of the EU law system and should be internally implemented by both the EU and its member states.
Before the implementation of international guidelines, organs, committees and other structures of the international accords, with the collaboration of all parties, concretize them regularly. This is the first phase of the executive political implementation, which makes the way to the further internal transposition. Not that much explored is the cooperation between EU institutions and executives of EU member states in the area of the implementation of through the European Union and the member states representatives' committees and groups concerted policy.
The uniform determination of interest relative to the transposition of international policy into international organizations is difficult because in the committees the member states are equally entitled beside the European Union. The struggle for national leeway is de facto already settled in an earlier international stage between domestic administrations and the European Commission. Constellations and requirements, which allow or increase the national leeway from international perspective, are the main subject of the project.
Among others, the coordination between the EU and its member states suited to the principle of sincere cooperation that lead to coherent external representation is an interim result of the project. The EU and the member states could guarantee, through a close cooperation, at the best on the basis of codified rules, a uniform international representation. The common coordinated process improves their negotiation power on international level, not at least through the perception of third states of the EU and its member states as reliable and uniform negotiation partner without any confrontation with the existing power conflicts inside the EU. In the light of the already analyzed set of rules relative to the coordination of the position of the EU and its member states, it is possible to conclude that the codified mechanisms could, through the intention of the parties, deploy their binding effects as well be submitted to judicial control. Because of this justiciability, the coordination can lose in the same time its flexibility. This effect could then lead to a reserved application of the codified mechanisms.
The importance of the coordinated voting mechanisms for the national political-administrative leeway shows up itself. Insofar appears the perception that within the partially formalized coordination mechanisms the member states have the possibility on their disposal to contribute to the formation of the European politics and to bring in their national expert knowledge. The principle of sincere cooperation (art. 4 § 3 TEU) as extensive principle by the concretization of the duties makes possible for the domestic administration, in particular for the federal ministries, to introduce and partially get through their political-administrative conceptions in the corresponding preparatory committees on both international and european level.
The further project focuses on the empirical proof and complement of the theoretical results as well on the study and the analysis of the functionality of coordination mechanisms. In this connection expert interviews concerning the coordination should be realized with the competent German ministers and with the Commission. The practical results must be integrated in the research project.
In January and in Mars 2016 the research fellow Maximilian Demper has presented his work on the role of the European Court of Justice in the conflicts between member states and the Commission upon the negotiation and implementation of mixed treaties at the Postgraduate Law Conference 2016 (Edinburgh University) and at the seminar Implementation and judicial politics: conflict and compliance in the EU multi-level system (WZB Berlin).
- Weiß, Wolfgang, "Loyalität und Solidarität in der Europäischen Verwaltung", ZÖR 2015, n° 2, p. 403-432
- Weiß, Wolfgang, "Kompetenzverteilung bei gemischten Abkommen am Beispiel des TTIP", DöV 2016, p. 537-548
- Weiß, Wolfgang, "Informations- und Beteiligungsrechte des Deutschen Bundestags bei gemischten Abkommen", DöV 2016, p. 661-676.