Foreseeability and Anticipation as Constraints on Member State Action under Mixed Agreements
The Member States’ external action, including the conclusion of mixed agreements, is constrained not only by an obligation to conform to EU law as it is but also by an obligation to foresee or anticipate its future developments. The latter may concern either changes in legislation or policy, or the case law of the Court of Justice. Foreseeability demands anticipation or awareness of a future event
