Navigating International Waters with a Broad(ening) Scope – An Examination of the European Union’s Exclusive External Competence in the Case Law of the Court of Justice of the European Union

Abstract

The examination of the European Union’s external competences has long been a subject of interest to legal scholars specializing in EU law, from both theoretical and practical perspectives. The transfer of powers and competences in this area entails a number of specific features, and the nature (exclusivity) of these external powers is also open to question. The present contribution proceeds from the premise that the European Union has acquired increasingly broad exclusive external competences in recent decades, a development facilitated by the expansive interpretation of the Court of Justice of the European Union. In the light of the above, after presenting the provisions regarding external competences enshrined in the Treaties, we intend to reflect on the case law of the Court of Justice of the European Union.