CETA, TTIP, TiSA, and Their Relationship with EU Law

This chapter discusses the multifaceted relationship between EU trade agreements of a new generation (like CETA and TTIP) and other plurilateral trade agreements (like TiSA) and EU law. CETA, TTIP, and TiSA raise many intricate legal questions touching upon fundamentals of the EU legal order and illustrating the complex interplay between the EU and its Member States and also between EU institutions. A particularly contentious issue concerns the competence to conclude the various agreements. While a decision of the CJEU in the context of the EU–Singapore FTA is still pending, this chapter argues that mixity, albeit only a ‘second best solution’ with regard to the effective representation of EU interests at the international level, is obligatory in the cases of CETA and TTIP. Further aspects explored include the legal effects of the agreements in EU law, their provisional application, and potential conflicts with the autonomy of the EU legal order.