Introduction

The previous chapter discussed conceptual issues related to posterior treaties concluded by the member states of the European Community. The present chapter broadens the field somewhat by focusing on posterior treaties in (selected) practice. I will discuss predominantly treaties entered into by member states, but also, to some extent, the practice of the Community or Union itself. The justification for including the latter is, simply, that the general picture which emerged from the Court's case-law on Article 307 TEC, discussed in Chapter 6, continues to be confirmed: the acquis communautaire shall be protected, no matter what. Individual member states use various techniques for doing so (most well known is the so-called disconnection clause), but the Community itself also uses techniques to safeguard the sanctity of Community law when concluding treaties with third parties. Moreover, in some cases, of course, external agreements are concluded as mixed agreements, involving both the Community and its member states. Given those circumstances, it would be difficult to justify a complete exclusion of the practice of the Community (as distinct from its member states).

This chapter will be structured as follows. I will begin with a discussion of a methodological nature, followed by a brief discussion of Nordic cooperation in light of its compatibility with EC law. Subsequently, I shall discuss agreements concluded between member states inter se; this discussion will contain elements of state practice (and thus be very practical), but it will also remain somewhat hypothetical as far as legal analysis goes, in that it appears that there are few decisions by either of the EC courts on point.