Reflections at the Sunset: the Strategy of the European Commission for a Coordinated Withdrawal from the Energy Charter Treaty

The contribution investigates one of the latest chapters of the epic of the Energy Charter Treaty (ECT): the European Commission’s strategy for a ‘coordinated’ withdrawal of the European Union and its Member States from the treaty. The Commission aims to eliminate the main obstacle to a ‘safe’ exit from the treaty, that is the sunset clause provided by Art. 47(3) ECT. This rule extends the force of the treaty for two decades after withdrawal. Given the uncertainties of the Commission’s proposal, which unconvincingly overlaps the notions of ‘subsequent agreement on treaty interpretation’ and ‘inter se modification’, the analysis turns to discuss the compatibility of a proper inter se modification abrogating the ECT sunset clause with the conditions laid down in Art. 41 VCLT.