Jurisdiction(s):
European Union

EU External Competence Post‑Lisbon: Exclusive and Shared Powers, Treaty Bases (Arts 216–219 TFEU), Case Law, International Agreements, CCP and CFSP

Published by a LexisNexis EU Law expert

Practice notes

The EU’s external responsibilities

are determined according to whether authority is granted to the EU or to the Member States. These responsibilities fall into two categories:

exclusive — exercised solely by the Union (for instance, the common agricultural policy); or
shared — exercisable either by the Union or by Member States, for example in relation to transport policy.

The boundary has been defined by the case law of the Court of Justice of the European Union and is founded on the doctrine of implied powers, under which external competence flows from the presence of explicit internal competence held within the Treaties.

This case law is reflected in Article 216 TFEU, which provides that the Union is competent to conclude an agreement where:

the EU Treaties contain such a provision;
concluding an agreement is necessary to attain one of the aims set out in the Treaties;
a legally binding act provides for the conclusion of an agreement; or
concluding an agreement would be liable to affect common rules or change their scope.

With the Treaty of Lisbon’s entry into force, the EU obtained legal personality. It is therefore a subject of international law and is capable of...

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Adam Cygan

University of Leicester

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a...

Web page updated on 21/05/2026

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