Mario Mendez

The Legal Effects of EU Agreements

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Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.

Language

English

ISBN

Unknown

Cover

Contents

List of Abbreviations

Introduction

I. The Legal Effects of Treaties in Domestic Legal Orders and the Role of Domestic Courts

1. Introduction

2. The Dictates of International Law

3. Domestic Legal Orders and the Legal Effects of Treaties

4. Revisiting the Theory and the Role of Domestic Courts

5. Conclusions

II. The Constitutional Status of EU Agreements: Revisiting the Foundational Questions

1. Introduction

2. Opting for Automatic Treaty Incorporation: EU Agreements as Acts of the Institutions and an Integral Part of EU Law

3. Constitutional Review of EU Agreements: Constitutionalism Running Wild?

4. The Judicial Application of EU Agreements and Direct Effect

5. Conclusions

III. The Association, Cooperation, Partnership, and Trade Agreements Before the EU Courts: Embracing Maximalist Treaty Enforcement?

1. Introduction

2. Preliminary Rulings

3. Direct Actions

4. Conclusions

IV. The GATT and WTO Before the EU Courts: Judicial Avoidance Techniques or a Case Apart?

1. Introduction

2. GATT Agreements Before the EU Courts

3. WTO Agreements Before the EU Courts

4. Conclusions

V. The Non-Trade Agreements Before the EU Courts: The Emergence of Judicial Avoidance Techniques in Challenges to EU Action

1. Introduction

2. Challenges to Domestic Action

3. Challenges to EU Action

4. Conclusions

VI. Concluding Assessment

1. Introduction

2. Ex Post Challenges to EU Agreements: The Triumph of Constitutionalism

3. EU Agreements in Challenges to Domestic Action: Embracing Maximalist Treaty Enforcement

4. EU Agreements in Challenges to EU Action: The Allure of Judicial Avoidance Techniques

5. Conclusions

Appendix: EU Agreements Case Law Data-Set

Bibliography

Index

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