Mixity in the EU’s post-Lisbon free trade agreements

While the EU’s trade competence has been an exclusive EU competence since Opinion 1/75, free trade agreements (FTAs) have not necessarily been concluded as EU-only agreements and this is because of the mismatch between international developments in trade law and the way in which the common commercial policy (CCP) has been defined in the EU Treaties. The Lisbon Treaty and Opinion 2/15 have proven to be a watershed moment, allowing future FTAs to be concluded as EU-only agreements. However, mixity is still not banished entirely from the EU’s CCP. This chapter explores whether and which legal limits exist that may restrict recourse to facultative and even obligatory mixity, thus favouring EU-only action. So far, the Court has not expressed itself on these issues and the choice between mixity and EU-only action remains in the political hands of the Council, as the aftermath of Opinion 2/15 has revealed.