IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
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PE 703.592
The ECT has a unique entrenchment effect limiting policymakers and lawmakers at national and EU
level. What makes the ECT a distinct case is the combination of different features. Apart from the 20-
year sunset clause, ECT is a multilateral treaty and by default, multilateral treaties are more difficult to
amend. On top of that, the amendment procedure is a very rigid process requiring unanimity. Hence,
the entrenchment effect of the ECT and the limits imposed on the agenda of policymakers at EU level
is unparalleled.
Based on the case of the sunset clauses in the ECT and their entrenchment effect, unless the drafters of
a legal document intend a legal framework that enhances stability over flexibility, it is advised to avoid
sunset clauses with long duration in combination with other entrenchment mechanisms such
as initial
validity periods, restrictions in the withdrawal process, and rigid amendment processes.
All in all, the solution of the modification or the mutual termination of the ECT only among the EU
Member States would have more immediate and certain effects.
Sunset Clauses in International Law and their Consequences for EU Law
PE 703.592
63
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