Chi deve firmare gli accordi internazionali stipulati dall’Unione europea? Brevi note a margine delle conclusioni dell’avvocato generale Kokott alla causa Commissione c. Consiglio (Signature d’accords internationaux)

For a long time, after the enactment of the treaty of Lisbon, in the european legal framework lingered the question of which institution is to be invested with the power of representing the EU while negotiating international treaties with non-member countries. It is to be noted that, about this important topic, the CJEU never had the opportunity to express an opinion until now, and so, in the meanwhile, the Council had the opportunity to solidify a steady practice. This Council’s practice, of assuming the power to conclude international agreements on it’s own, was the object of the article 2 of the decision (EU) 2021/1117 of 28 June 2021 on the signing, on behalf of the European Union, and provisional application of the Implementing Protocol to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026). The Commission, coming to know the protocol contents, appealed to the CJUE pleading an infringement of the Commission’s competence (sixth sentence of Article 17(1) TEU in conjunction with Article 13(1) and (2) TEU) and of the principle of sincere cooperation (Article 4(3) TEU). The following article will examine the opinions expressed by Advocate General Kokott on the 13th of july 2023, focusing on the most relevant legal issues, and will try to determine the preferable solution to the dispute under consideration.