EU external competence

Copyright © 2025 LexisNexis
Produced in partnership with Adam Cygan of University of Leicester
Practice notes

EU external competence

Copyright © 2025 LexisNexis

Produced in partnership with Adam Cygan of University of Leicester

Practice notes
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The EU’s external responsibilities are defined in accordance with whether they are conferred on the EU or on the Member States. These responsibilities are:

  1. •

    exclusive—where exercised entirely by the Union (for example, the common agricultural policy) and

  2. •

    shared—where they may be exercised either by the Union or by Member States (for example, transport policy)

The distinction has been defined in the case law of the Court of Justice of the European Union and is based on the principle of implicit powers, whereby external competence derives from the existence of explicit internal competence. This case law is established by Article 216 TFEU which sets out that the Union is competent to conclude an agreement where:

  1. •

    the EU Treaties so provide (exclusive competence)

  2. •

    the conclusion of an agreement is necessary in order to achieve one of the objectives referred to in the Treaties

  3. •

    the conclusion of an agreement is provided for in a legally binding act

  4. •

    the conclusion of an agreement is likely to affect common rules or alter their scope

With

Adam Cygan
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 diverse range of projects developing institutional capacity and instructing on best practice for civil servants and parliamentarians. This includes recent EU Commission projects in Albania and Azerbaijan as well as projects funded by the UK Foreign Office in Egypt and Libya which involved the establishment of oversight and scrutiny committees in countries seeking democratic transition. Professor Cygan has key communication, organisational and analytical skills that are required for provision of expertise and consultancy as well as extensive experience of producing training manuals and organising and delivering face to face training.

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Jurisdiction(s):
European Union

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