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Glossary of summaries

Ratification process

Ratification is the final step in the process of approving an agreement by which the parties indicate their intention to be bound by that agreement. Once ratification has been completed, an agreement can be concluded and formally enters into force (note: often, an agreement may apply provisionally prior to the completion of the ratification procedure).

Procedures for the ratification of international agreements negotiated by the European Commission on the EU’s behalf are laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). These agreements cover a wide range of issues including

There are also specific treaty articles dealing with agreements with countries wishing to

  • join (Article 49 of the Treaty on European Union (TEU)); or
  • withdraw from the EU (Article 50 of the TEU).

Article 47 of the TEU endows the EU with legal personality. This means that it has the power to negotiate and conclude international agreements under

  • Article 5 TEU (which defines the limits of EU competences); and
  • Articles 2 (distribution of competences), 3 (exclusive competences) and 4 (shared competences) of the TFEU.

Where an international agreement falls under exclusive EU competence, there is no need for EU countries to ratify it. In this case, its ratification requires the European Parliament’s consent before the Council can finally conclude the agreement.

Where an agreement falls within shared (also known as ‘concurrent’) competence between the EU and the EU countries (a so-called ‘mixed’ agreement), it needs to be ratified both at EU level and at EU country level by national parliaments. Ratification at national level depends on aspects such as whether EU countries have

  • 1 or 2 houses of parliament; or
  • a federal system, which might also require agreement at subnational level — by states (such as Länder in Germany and Austria) or regions (in Belgium).

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