Explaining the Primacy and Direct Effect of International Agreements to Which the EU Is a Party: Could the 'Primacy' or 'Trigger' Models Apply?

2013 ◽  
Author(s):  
Szillrd GGsppr-Szillgyi
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
The Eu

5. European Law I

2021 ◽  
pp. 150-192
Author(s):  
Robert Schütze
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
European Law ◽  
Direct Effects ◽  
Member States ◽  
Legal Norms ◽  
Internal Instruments ◽  
The Eu

This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union's legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union's internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.

5. European Law I

2021 ◽  
pp. 151-192
Author(s):  
Robert Schütze
Keyword(s):  
Direct Effect ◽  
International Agreements ◽  
European Law ◽  
Direct Effects ◽  
Member States ◽  
Legal Norms ◽  
Internal Instruments ◽  
The Eu

This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union’s legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union’s internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.

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.

scholarly journals EU citizens’ rights post Brexit: why direct effect beyond the EU is not enough

2018 ◽  
Vol 14 (3) ◽  
pp. 443-474 ◽  
Author(s):  
Stijn Smismans
Keyword(s):  
Direct Effect ◽  
Equal Protection ◽  
Eu Law ◽  
Uk Government ◽  
Specific Implementation ◽  
The Eu

Brexit – EU citizens’ rights – Direct effect beyond the EU – The Withdrawal Agreement does not protect citizens properly – Copying substantive provisions of EU law and parts of the EU’s supranational features, such as direct effect, does not provide equal protection for EU citizens once a country is no longer part of the EU – UK-specific implementation measures to be set out in Withdrawal Agreement or Protocol – Guarantees also to be set out in primary legislation – UK Government intends to act to a great extent via secondary legislation – relationship between the Withdrawal Act and the Withdrawal Agreement and Implementation Bill

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