THE STATUS OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EUROPEAN UNION IN THE EU LEGAL ORDER

Keywords: International agreements of the European Union, EU law, International law, direct effect, judicial review, Court of Justice of the European Union

Abstract

The European Union is a member of the international community and is a party to numerous international agreements. The status of these international agreements in the EU legal order however is not made expressly clear by the Treaties. The most pertinent question that arises is whether secondary EU law may be reviewed in the light of international agreements in annulment procedures or preliminary ruling procedures before the Court of Justice of the EU. In its jurisprudence the Court of Justice has tied the possibility of review to the question of the direct effect of international treaties, but there are some issues of consistency in this regard. This problem is a part of the broader question of the relationship of international law and EU law, including the question whether this relationship is more akin to a monist or a dualist approach.

Author Biography

Agoston Mohay, Department of International and European Law, Faculty of Law, University of Pécs, H-7622 Pécs, 48-as tér1, Hungary.
PhD, Assistant Professor
Published
2017-12-21
How to Cite
Mohay, A. (2017). THE STATUS OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EUROPEAN UNION IN THE EU LEGAL ORDER. Pravni Vjesnik, 33(3-4), 151-164. https://doi.org/10.25234/pv/5534
Section
Review article