PL EN


2016 | 3(51) | 71–90
Article title

Opinia na temat projektów decyzji Rady w sprawie podpisania, tymczasowego stosowania i zawarcia kompleksowej umowy gospodarczej i handlowej między Kanadą a Unią Europejską i jej państwami członkowskimi

Authors
Content
Title variants
EN
Opinion on the proposals for a Council decision on the signing, the provisional application and the conclusion of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (COM(2016) 443 final, COM(2016) 444 final, COM(2016) 470 final)
Languages of publication
PL
Abstracts
EN
The author of the opinion analyzes the Agreement in terms of competence to sign and conclude it, as well as the grounds for its provisional application. In his opinion, the Agreement was written as if it were fully subject to the exclusive competence of the Union. In such case, the Council would be empowered alone to sign and conclude of the Agreement on the part of the whole EU, and to start its provisional application. However, on the basis of the scope of its regulation, the Agreement may be considered as concerning the area not covered only by exclusive competence and, therefore, its signing, provisional application and final binding force should occur on the basis of cooperation between the European Union and its Member States under the principle of sincere cooperation. Hence, it should be assumed that the Council can make decisions on these activities but, essentially, the effectiveness of these activities will depend on whether all the Member States make them also.
Year
Issue
Pages
71–90
Physical description
Contributors
author
  • Profesor doktor hab. nauk prawnych, Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie, ekspert ds. legislacji BAS;
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-d623dc48-436e-41ae-ad12-a1e8f994e9cc
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