EU foreign policy under the doctrine of implied powers: codification drawbacks and constitutional limitations

Publishers Abstract:
Analyses the scope of the EU doctrine of implied powers and its implications for Member States' autonomy to conclude international agreements. Reviews the drawbacks to codifying the doctrine, the situations in which the EU may exercise treaty-making powers and whether the Treaty on the Functioning of the European Union art.216 clarifies the position and codifies principles of parallelism and necessity, or is a short-term solution. Discusses the constitutional limitations of art.216, its restricted impact on previously intergovernmental areas and its fragility as a general competence norm.