Withdrawal of the European Union from the Energy Charter Treaty: A Case Study for Mixity
The EU's withdrawal from the Energy Charter Treaty (ECT) is in line with its climate change objectives and with the case law of the Court of Justice on the incompatibility of the ECT's investor-state arbitration clause with EU law.
In the absence of a coordinated withdrawal and given that several States are still parties to the ECT, issues such as the effects of the survival clause, the denial of benefits and the modernisation of the ECT raise novel questions about the division of competences between the EU and its Member States.
The inter se agreement on the interpretation of the ECT, the Council decisions on the position to be taken by the Member States on behalf of the EU in the Energy Charter Conference, the enforcement of arbitral awards, the attribution of international and financial responsibility, will be discussed from the perspective of the obligations of the Member States resulting from a dynamic interpretation of the principles of conferral and sincere cooperation as applied in the context of a (former) mixed agreement.
About the speaker
Eleftheria Neframi is professor of European law at the University of Luxembourg since 2012. Prior to joining the University of Luxembourg, she held a post as professor at the University Sorbonne Paris-Nord.
She is visiting professor at the University Paris 2, Panthéon-Assas and at the University of Athens. She is publishing in the fields of European external relations, European litigation and interaction of legal orders. A dominant theme in her research is the analysis of the scope and effects of fundamental principles, such as sincere cooperation, effectiveness and effective legal protection, regulating the interaction of legal orders in the EU external action and in the system of legal remedies.
Her recent research examines, inter alia, legal issues arising in the context of green transition, especially as regards the Union’s international agreements and participation in dispute settlement mechanisms, as well as the external dimension of the internal market’s regulatory scheme.