The Direct Effect of International Agreements in European Union Law

Kadkhodaei, Abbasali; Ahadi Karnagh, Ali

doi:10.22059/jplsq.2018.252257.1672

Document Type : Article

Authors

¹ Prof., Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

² Ph.D. Student in International Law, Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2018.252257.1672

Abstract

The principle of direct effect of the European Union law in the domestic law of the member States has been institutionalized in the European Court of Justice ́s (ECJ) case law by way of two judgments: Van Gend en Loos and Costa. The principle, which has emerged through the implementation of EU law in the domestic law of the member States and the possibility of invoking those laws in the domestic courts of the member States, has also been extended to international agreements. It means that the provisions of international agreements concluded by the EU can be invoked under the domestic law of the member States. In order for international agreements to have direct effect, a number of criteria have to met. The EU must first and foremost be bound by those agreements, and the organization should have concluded them in accordance with the powers conferred on it by the founding treaties. Those agreements must be capable of conferring rights on individuals directly. The terms of those agreements must be clear and unconditional. The provisions of the international agreements should not be contrary to the primary rules and fundamental law of the EU. Furthermore, the agreements should not have deprived the ECJ of its jurisdiction to review their direct effect. Finally, the direct effect of international agreements must not be contrary to their own object and purpose.

Keywords

20.1001.1.24238120.1400.51.1.1.9

References

A) Books

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B) Articles

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C) Cases

8. ECJ Judgment , Case. 12/86, Demirel v Stadt Schwäbisch Gmünd, 1987.

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15. ECJ Judgment, Case C-308/06, International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd’s Register, International Salvage Union, v. Secretary of State for Transport, 3 June 2008.

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19. ECJ Judgement,Joined Cases C-402/05 P and C-415/ 05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities, 2005.

D) Documents

20. Treaty on European Union, signed on 13 December 2007.

21. Treaty on the Functioning of the European Union, signed on 13 December 2007.

22. The International Convention for the Prevention of Pollution from Ships, signed in London on 2 November 1973, as supplemented by the Protocol of 17 February 1978.

23. Declarations annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, signed on 13 December 2007 - A. Declarations Concerning Provisions of the Treaties - 17. Declaration concerning primacy , 12008E/AFI/DCL/17, Official Journal 115 , 09/05/2008 P. 0344 – 0344, .

E) Website

24. https://eur-lex.europa.eu/legal content/EN/TXT/?uri=Celex%3A12008E%2FAFI %2FDCL%2F17

25. https://writepass.com/journal/2017/01/with-reference-to-the-case-law-on-direct-effect-critically-discuss-the-extent-to-which-this-concept-direct-effect-is-an-effective-means-of-protecting-an-individuals-european-union-law-righ/

Public Law Studies Quarterly

The Direct Effect of International Agreements in European Union Law

References

References

Volume 51, Issue 1
Spring 2021
April 2021
Pages 1-16

The Direct Effect of International Agreements in European Union Law

References

References

Volume 51, Issue 1Spring 2021April 2021Pages 1-16

Volume 51, Issue 1
Spring 2021
April 2021
Pages 1-16