Three Key Judgements for the Delimitation of the Legal Environment of the European Union’s Treaty Competences in the Field of Fisheries
DOI:
https://doi.org/10.18042/cepc/rdce.53.05Keywords:
Division of competences, exclusive competence, conservation of fishing resources, sustainable fisheries partnership agreement, Court of Justice of the European UnionAbstract
This paper analyses the recent case law of the Court of Justice of the European Union on the scope of the European Union’s (EU) international competences in the field of fisheries. Three different issues will be addressed in this paper: firstly, the necessary legal basis for the adoption of a normative act that will allow a third State to fish into the Economic Exclusive Zone of a EU Member State and, in relation to this, the notion of an international fisheries agreement; secondly, the EU’s legal responsibility raised from a fisheries agreement as well as the European Commission competence to represent the EU before the International Tribunal for the Law of the Sea; and thirdly, the procedure for access of the EU fishing vessels to the fisheries stocks of a third State by virtue of an international fisheries agreement that is limited by the clause of exclusivity. It is observed how, once more in these fields, the Court of Justice of the European Union case law results to be critical.Downloads
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