Gaspar Szilagyi, S (2013) EU Member State Enforcement of ‘Mixed’ Agreements and Access to Justice: Rethinking Direct Effect. Legal Issues of European Integration, 40 (2). pp. 163-189. ISSN 0377-0915

[thumbnail of Gaspar-Szilagyi 7209.pdf]
Gaspar-Szilagyi 7209.pdf - Published Version

Download (130kB) | Preview


Article 344 TFEU forbids Member States to pursue any other means of dispute settlement, when issues regarding the application and interpretation of the Treaties are concerned. The Court of Justice extended this principle to include disputes arising under international agreements, where the subject matter falls under European Union (EU) competence. At the same time, the number of international agreements to which direct effect is not granted is slowly rising. Consequently, the question arises whether Member States still have proper access to justice under these international regimes vis-à-vis other Member States or the EU, given that: first, they cannot pursue litigation under the agreements' dispute resolution system if the foreign body risks interpreting the agreement, which also forms part of EU law; second, they cannot rely on these agreements before the Court. This article argues that a rethinking of the direct effect doctrine of international agreements is necessary. Member States should not be equated with individuals, when invoking international agreements before the Court to challenge the validity of EU acts.

Item Type: Article
Additional Information: This is the final published version of the article (version of record). It first appeared online via Kluwer Law International at - please refer to any applicable terms of use of the publisher.
Subjects: K Law > KZ Law of Nations
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 22 Nov 2019 15:28
Last Modified: 22 Nov 2019 15:32

Actions (login required)

View Item
View Item