Negotiation, ratification and implementation of the CRPD and its status in the EU legal order

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Abstract

From an EU perspective, the CRPD is a so-called mixed agreement. This means that it is an international agreement that is concluded both by the EU and its individual Member States. This raises important legal questions, since it implies that for part of the agreement, the EU exercises its competences whereas, for the other part(s), the Member States have retained and exercised competences. The mixed nature of an agreement has several repercussions in relation to the negotiation and ratification of the agreement, as well as for the question of the international responsibility of the EU and the Member States. In addition, the ‘mixity’ raises the question as to which specific EU obligations are incumbent on the Member States in relation to the agreement. The present chapter discusses these issues by focusing specifically on the CRPD as a mixed multilateral agreement.
Original languageEnglish
Title of host publicationResearch Handbook on EU Disability Law
EditorsDelia Ferri, Andrea Broderick
Place of PublicationCheltenham / Northampton
PublisherEdward Elgar Publishing
Pages52-70
ISBN (Print)978-17-8897-641-1
Publication statusPublished - 2020

Publication series

SeriesResearch Handbooks in European Law series

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