This article discusses the law and practice of provisional application of international agreements by the EU. After a discussion of Article 25 of the Vienna Convention on the Law of Treaties 1969, Article 218(5) TFEU is analysed. This is followed by a discussion of different methods of provisional application, of provisional application in the context of mixed agreements, and of the European Parliament’s role in relation to provisional application. The article ends with a discussion of the ways in which provisional application can be terminated. It concludes that the EU tends to apply agreements provisionally in different manners, but with the same basic principles in mind. Provisional application is a process in which the role of the European Parliament is limited. Finally, shifts in competence over the past decade imply changes in the EU’s practice in applying Article 218(5) TFEU.
Common Market Law Review