Abstract The article explores the complex interface between international agreements concluded jointly by the European Union and its Member States (mixed agreements) and the jurisdiction of the Court of Justice. Case law remains unclear and appears fraught with inconsistencies. The article aims to mitigate the uncertainty and identify common principles, proposing a concrete approach to establishing the Court’s jurisdiction in the mixity context. It further explains the underpinnings of the Court’s highly contextual expansion of its jurisdiction. This is understood — though not uncritically—as an effort to fill gaps in judicial protection and ensure the autonomy of the EU legal order.
Mark Konstantinidis (Wed,) studied this question.