Direct Effect of International Agreements in the EU Legal Order:

2012 ◽  
pp. 229-248 ◽  
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
Legal Order ◽  
The Eu

scholarly journals The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

2007 ◽  
Vol 6 (1) ◽  
pp. 45-87 ◽  
Author(s):  
ANTONIS ANTONIADIS
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Political Institutions ◽  
Legal Order ◽  
The European Union ◽  
Comprehensive View ◽  
Court Of Justice ◽  
Community Legal Order ◽  
The Eu

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU's political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to explore the considerations shaping the development of the different approaches and to argue that these stem from the interaction between the judiciary and the legislature. In doing so, this article purports to provide a comprehensive view of the application of WTO law within the Community legal order.

2. Supremacy, direct effect, indirect effect, and state liability

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
Member State ◽  
Direct Effect ◽  
Indirect Effect ◽  
National Court ◽  
Legal Order ◽  
Eu Law ◽  
Key Concepts ◽  
State Liability ◽  
The Eu

This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.

scholarly journals “Same Legal Value as the Treaties”? Rank, Primacy, and Direct Effects of the EU Charter of Fundamental Rights

2017 ◽  
Vol 18 (4) ◽  
pp. 771-798 ◽  
Author(s):  
Lucia Serena Rossi
Keyword(s):  
Direct Effect ◽  
Legal Order ◽  
Fundamental Rights ◽  
Direct Effects ◽  
Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

Article 6 of the TEU states that the EU Charter of Fundamental Rights “shall have the same legal value as the Treaties.” This Article investigates the Charter's real status in the EU legal order. To this end, the Charter's force will be analyzed relative to EU institutions, the Member States, and individuals. The resulting picture will enable consideration of the Charter's place in the EU hierarchy of norms, as well as the question of its primacy and direct effect.

Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights after Lisbon

2011 ◽  
Vol 7 (1) ◽  
pp. 64-95 ◽  
Author(s):  
Wolfgang Weiß
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
Eu Member States ◽  
Loss Of Autonomy ◽  
The Eu

Treaty of Lisbon – Fundamental Rights Charter – European Convention on Human Rights – Partial incorporation of Convention in Charter – Incorporation of Charter into EU law with Lisbon – Questions of loss of autonomy for the EU legal order – Gain in direct effect of Convention in EU member states

Accession to International Instruments as an EU Legality Constraint

2021 ◽  
pp. 100-122
Author(s):  
Bruno De Witte
Keyword(s):  
European Union ◽  
International Agreements ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
International Commitments ◽  
International Obligations ◽  
Legal Space ◽  
International Instruments ◽  
The Eu

When the EU becomes a party to an international legal instrument, whether bilateral or multilateral, that international agreement is incorporated automatically in the EU legal order and becomes a legality constraint within that legal order, due to the recognition, by EU law itself, of the precedence of those international commitments over secondary EU law. In the multilevel European legal space, agreements concluded by the EU also become a legality constraint for the Member States of the EU, even if they are not parties to the international instrument themselves. Ensuring compliance with the EU’s international obligations sets in motion the adoption of internal legislation to implement those international obligations or to repeal existing EU law measures that are inconsistent with them; and the Court of Justice of the European Union can review the compliance of EU secondary law (and Member State law) with the EU’s international agreements. However, the Court has self-limited this review power through the development of a doctrine on the limited direct effect of international agreements.

5. Direct Effect

2020 ◽  
pp. 109-132
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
Legal Order ◽  
European Law ◽  
The European Union ◽  
Eu Legislation ◽  
The Eu

This chapter focuses on the direct effect of European law in the national legal orders. The European Union insists on a monistic relationship between European and national law. This, in particular, means that the EU will itself determine the effect of its law in the national legal orders. The chapter then looks at the direct effect of the European Treaties. The European Treaties are, however, mainly framework treaties; that is, they primarily envisage the adoption of European secondary law and especially EU legislation. This secondary law may take various forms, which are set out in Article 288 TFEU. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. Much of the constitutional discussion on the direct effect of European secondary law has consequently concentrated on the direct effect of directives. The chapter also analyses the doctrine of indirect effect within the EU legal order.

The Status of International Law in the EU

2021 ◽  
pp. 421-505
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
International Law ◽  
International Agreements ◽  
Legal Order ◽  
European Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
European Court ◽  
Un Security Council ◽  
The Status ◽  
The Eu

This chapter deals with the status of international law in the EU legal order under the Lisbon Treaty. It presents in great detail the most important cases of the European Court of Justice (ECJ) on the incorporation of international agreements and their rank in the domestic legal order. The origins and current practice of the doctrine of direct effect for specific provisions in an international agreement are explained. Moreover, the chapter contains an assessment of the famous ECJ Kadi-jurisprudence on the significance of human rights in the implementation of UN Security Council Resolutions on counter-terrorism. Finally, it also shows with concrete examples how the Court of Justice developed the status of customary international law in the EU.

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