ABSTRACT
The participation of the European Parliament (EP) in the making of the European Union's (EU) external action has been clearly enhanced particularly since the Treaty of Lisbon. This chapter reviews the participation of the EP in the procedure of conclusion of international agreements on behalf of the EU. It explains to delve into the distribution of powers between EU institutions for the adoption of non-legally binding agreements, paying particular attention to the clarifications brought about by the European Court of Justice in the Swiss MoU case as regards the relations between the Commission and the Council. In sum, the adoption of non-legally binding agreements with third countries must respect the institutional balance of the Treaties. The EU-Turkey Statement of March 2016, regulating the fate of refugees and migrants, may serve as a perfect example for a non-binding agreement directly affecting the rights of individuals.
