tag:blogger.com,1999:blog-6406430766424642773.post4292443764059588335..comments2023-09-28T12:28:57.598+03:00Comments on Grahnlaw: European Union: Interinstitutional agreements (EP)Ralf Grahn http://www.blogger.com/profile/02156293782163802007noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6406430766424642773.post-73193663910774652142009-03-05T14:58:00.000+02:002009-03-05T14:58:00.000+02:00Well thanks for shedding some light on it.Well thanks for shedding some light on it.Eurocentrichttps://www.blogger.com/profile/09439536905456080079noreply@blogger.comtag:blogger.com,1999:blog-6406430766424642773.post-62974264184034556852009-03-05T10:28:00.000+02:002009-03-05T10:28:00.000+02:00Eurocentric, You are quite right about Article 295...Eurocentric, <BR/><BR/>You are quite right about Article 295 TFEU, which would clarify the position between the EP, the Council and the Commission, recognising these agreements expressly (as proposed in the Constitutional Treaty). <BR/><BR/>But a quick look tells me that the existence of interinstitutional agreements is part of the principle of loyal cooperation and that the ECJ has taken a case by case approach to their binding nature. <BR/><BR/>I agree with you that the institutions should arrange their materials in a systematic and accessible manner.<BR/><BR/>The most important interinstitutional agreements are probably those which regulate the budget proceedings, but from the EP's web pages or even the Rules of Procedure you could hardly guess that they exist.Ralf Grahn https://www.blogger.com/profile/02156293782163802007noreply@blogger.comtag:blogger.com,1999:blog-6406430766424642773.post-28246858530845162182009-03-05T07:04:00.000+02:002009-03-05T07:04:00.000+02:00I've had a very quick skim through the Treaties, a...I've had a very quick skim through the Treaties, and I think that under the post-Lisbon TEC (TFEU) that some of these agreements can be binding (article 295 - "may be of a binding nature"), though I don't know for definite if that means that the ECJ can rule on them, nor exactly what is needed to make them binding. Just being precise, or an explicit declaration that they will be legally binding?<BR/><BR/>If they do become binding, then I hope they'll be more accessable.Eurocentrichttps://www.blogger.com/profile/09439536905456080079noreply@blogger.comtag:blogger.com,1999:blog-6406430766424642773.post-39698500265429923032009-03-05T05:17:00.000+02:002009-03-05T05:17:00.000+02:00Eurocentric, Mostly I think of these interinstitut...Eurocentric, <BR/><BR/>Mostly I think of these interinstitutional agreements as political in nature ('soft law', 'modus vivendi'), with agreed principles on how to get along. <BR/><BR/>Your question is good, since it showed me that I hadn't really thought about this aspect. <BR/>But legally binding instruments, when precise enough to show a breach of one party's obligation, should be enforceable through the ECJ.Ralf Grahn https://www.blogger.com/profile/02156293782163802007noreply@blogger.comtag:blogger.com,1999:blog-6406430766424642773.post-37498275438707997982009-03-04T18:56:00.000+02:002009-03-04T18:56:00.000+02:00Can I take it that, since these agreements are in ...Can I take it that, since these agreements are in Decision/Regulation form, the EP can get the ECJ to enforce its rights under them?<BR/><BR/>(Or do the agreements not have legal effect and are pretty much like conventions in the UK?)Eurocentrichttps://www.blogger.com/profile/09439536905456080079noreply@blogger.com