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LYSINA, P.: Mixed agreement as a
source of the European Union law.
Právny obzor, 101, 2018, č. 4,
s. 372 – 392.
Abstract. Mixed
agreements, together with those concluded within the exclusive competence of the
EU belong to major instruments of the EU external relations. Mixed agreements
are typical for the EU treaty practice. Therefore, it is hardly possible to find
them in another division of law. Respecting that, the article focuses on mixed
agreements as a phenomenon of the EU Law. The aim of the article is to analyse
EU Law regulation of mixed agreements. At the same time, the article focuses on
theoretical aspects of mixed agreements in the second part. Based on that, in
the first part the article provides analysis of the primary law rules and
jurisprudence of the Court of Justice of the EU. Aim of this part is to examine
quality of regulation of mixed agreements in the EU Law and point out on its
“weak parts”. The second part is rather theoretical. Here the article provides
analysis of notion “mixed agreement” and, in particular on essential elements of
this notion. To these essential elements of mixed agreements, the article
includes “joint conclusion of mixed agreements”, “divided competence” and
“common consent”. The analysis of the notion is followed by a classification of
mixed agreements. This classification could be divided into two parts. First,
provides information on existing views of theory, while the second one is
focused on new criteria for division of mixed agreements.
Key words: mixed
contracts, EU law, shared competence of EU and its Member States
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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