The Treaty-Making Power of the European Community

The European Cornmunity is the biggest domestic market of the world. Having a share of almost twenty percent, it is also the most important partner in world trade, even before the United States of America (18 percent) and Japan (10 percent). To rule, secure, and support the cornmercial activities in favour of the European interests, the Community establishes relations with third countries and international organizations like the World Trade Organization (WTO). In the past, the competence to make such treaties was mainly in the hand of the Member States of the European Community. But in the last years, there is a development increasingly moving treaty-making power from the Member States to the Cornmunity. The European Court of Justice in its judgment for several times took position toward the external competences of the European Community. It worked out some principles, and clarified a lot of aspects. Nevertheless, the Community's treaty-making power is still one of the most disputed subjects of European Law. Therefore, the following report will give an overview about the actual state of legislation, jurisdiction, and the different opinions in juridicalliterature.