Antarctica ruling hints at UK status in treaties post-Brexit

A ruling on the EU’s authority to act on behalf of member states when it comes to international treaties also gives an indication of which agreements the UK will have to re-ratify after Brexit

Richard Macrory
The Antarctic case is a good illustration of the complexities of exclusive and shared competence issues raised by the participation of the EU in international treaties – Richard Macrory

The role of the EU on the international stage often raises complex legal issues, notably whether it has exclusive competence to act or whether it must share this competence with other member states. The European Court of Justice (ECJ) recently had to rule on this issue in European Commission v Council of the European Union (CJEU, Joined Cases C-626/15 and C-659/16, 20 November 2018), involving a dispute between the European Commission and member states concerning competence issues in Antarctica.

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