The doctrine of exclusivity and the position of mixed agreements in the external relations of the european community

TLDR: The effect of the exclusivity doctrine in the Treaty of Lisbon Treaty on the European Community has been discussed in detail in this article, where the effects of the doctrine and its place in Community law are discussed.

Abstract: The exclusive nature of the European Community's powers in the treaty-making field, and the boundary between these powers and those of the Member States, has produced some of the Court of Justice's most interesting and controversial case law. The judgments of the Court have to date concentrated on the existence and justification of the doctrine of exclusivity. It is now time to re-assess the effects of the doctrine, and its place in Community law. Its political consequences for the Member States are enormous, confirming, as it does, the extent to which they have transferred certain of their sovereign powers to the European Community-in relation not merely to domestic legislation, but to external, treaty-making powers, that most widely-accepted characteristic of the sovereign State.