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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Article 216 TFEU

Article 216 TFEU

(p.1643) Article 216 TFEU
The EU Treaties and the Charter of Fundamental Rights

Friedrich Erlbacher

Oxford University Press

In providing that the Union has treaty-making power, Article 216(1) TFEU is one of the main expressions of the Union’s international legal personality (Article 47 TEU). Article 216(1) TFEU was first introduced by the ToL. The Court has already decided that it constitutes a consolidation of earlier case law. Its wording is unclear on different accounts, some of which have however since been clarified by the Court.

Keywords:   EU’s treaty-making, international legal personality, legal basis, mixed agreements

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