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19 July 2025

Suspension of EU Association Agreements Does Not Require Unanimity

In its meeting on 15 July 2025, the Council of the EU failed to adopt concrete measures vis-à-vis Israel, limiting itself to an “exchange of views on an inventory of possible follow-up measures”. This hesitant approach stands in contrast to clear indications that Israel is in breach of its human rights obligations under Article 2 of the EU-Israel Association Agreement (AA), and to the EU’s own obligation to work towards consolidating human rights and the principles of public international law pursuant to Article 21 TEU. While a suspension of the entire AA was never really foreseeable, an important question relates to the voting threshold within the Council that would apply to such a decision relating to the AA. Continue reading >>
07 May 2024

The EU Association Agreement with Andorra and San Marino

On 26 April 2024, the European Commission put forward a proposal for the Council to conclude the Association Agreement (AA) between the European Union and Andorra and San Marino. The AA with Andorra and San Marino goes another step further and introduces in an unprecedented manner the supervision and jurisdiction of the European Commission and the Court of Justice (CJEU) in the context of an association agreement. Accordingly, the Union may now have fully exhausted its association competence when it comes to the depth of integration it may offer third countries. Continue reading >>
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16 December 2016

Towards a Solution for the Ratification Conundrum of the EU-Ukraine Association Agreement?

The ratification process of the EU-Ukraine Association Agreement has been stalled following "No" victory in the Dutch referendum of 6 April 2016. Yesterday, the EU heads of states have adopted a decision addressing the Dutch concerns. The option which is currently on the table is by far the easiest to solve the ratification conundrum while responding to the arguments of the ‘no-camp’ in the referendum campaign. Any alternatives, such as the inclusion of formal reservations or a procedure leading to a Dutch withdrawal from the agreement, entail the risk of long-term legal uncertainty which would only be detrimental for the EU, the Netherlands and Ukraine. Continue reading >>
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