The Legal Effects of EU Agreements

Abstract

The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also be included where they are appropriate. The series is wide in scope and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest to all those concerned with the governance and operation of the EU. This is an open access version of the publication distributed under the terms of the Creative Commons Attribution-NonCommercialNoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/3.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact academic.permissions@oup.com The Legal Effects of EU AgreementsMaximalist Treaty Enforcement and Judicial Avoidance TechniquesThis is an open access version of the publication distributed under the terms of the Creative Commons Attribution-NonCommercialNoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/3.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact academic.permissions@oup.com Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

The Power and Performance of ‘Association Bodies’ under the EU's Association Agreements with Georgia, Moldova and Ukraine

“…Furthermore, ‘the administration of joint committees relies on the Parties themselves and not on a secretariat’, which reinforces the argument that, in principle, ‘joint committees are purely intergovernmental structures’ whose ‘primary function is inter‐executive coordination’ (Castellarin, 2019, p. 205). Importantly, however, binding decisions that JBs adopt may be directly applicable, without requiring further action such as national parliamentary ratification or approval by an EU institution (Mendez, 2013, p. 103).…”

Restrictive measures - sanctions compliance, implementation and judicial review challenges in the common foreign and security policy of the European Union

“…Such implementing regulations are non-legislative acts which can be published in the Official Journal. 20 Although they are not adopted pursuant to a legislative procedure however, they are binding in their entirety and are directly applicable in all Member States. Consequently, the Member States do not need to implement additional measures or acts in order to give effect to the regulation.…”

“…20 Article 288 TFEU, Article 289 TFEU, Council Implementing Regulation (EU) 2020/1128 of July 2020 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2020/19.…”

Who Are the ‘Gatekeepers’?: In Continuation of the Debate on the Direct Applicability and the Direct Effect of EU International Agreements

“…111 The enforcement of international agreements through granting them direct effect is seen as an example of the Court of Justice's so called 'maximalist' approach to the implementation of international law. 112 The Court, therefore, assumed the role of the guarantor of the application of international law in the EU legal order. From this perspective, the Court's leading role was needed to guarantee not only the uniformity of interpretation, but also the efficiency of Union law of which the agreements formed an integral part of.…”

“…Having found a provision to be directly effective, the Court's gatekeeping culminates with the interpretation of the scope of a particular provision, 235 save for cases where the Court directly turns to interpretation without establishing direct effect first. 236 At this final stage, the Court ultimately secures or denies the impact of an international agreement on a given individual's legal position as the finding of direct effect is fruitless unless the relevant provision receives a 'favourable interpretation' by the Court. 237 The gatekeeping at this stage also ranges from rather sparing to strict attitudes.…”