The Direct Effect of International Agreements in European Union Law

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KADKHODAEI ABBASALI; AHADI KARNAGH ALI

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Journal Paper

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2021 | Volume:51 | Issue:1 Page(s): 1-16

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Information Journal Paper

Title

The Direct Effect of International Agreements in European Union Law

Author(s)

KADKHODAEI ABBASALI | AHADI KARNAGH ALI | Issue Writer Certificate

Keywords

European Union

Direct Effect

Van Gend en Loos

Individual Rights

Costa v.Enel

International Agreement

Abstract

The principle of Direct Effect of the European Union law in the domestic law of the member States has been institutionalized in the European Court of Justice ́, s (ECJ) case law by way of two judgments: Van Gend en Loos and Costa. The principle, which has emerged through the implementation of EU law in the domestic law of the member States and the possibility of invoking those laws in the domestic courts of the member States, has also been extended to International Agreements. It means that the provisions of International Agreements concluded by the EU can be invoked under the domestic law of the member States. In order for International Agreements to have Direct Effect, a number of criteria have to met. The EU must first and foremost be bound by those agreements, and the organization should have concluded them in accordance with the powers conferred on it by the founding treaties. Those agreements must be capable of conferring rights on individuals directly. The terms of those agreements must be clear and unconditional. The provisions of the International Agreements should not be contrary to the primary rules and fundamental law of the EU. Furthermore, the agreements should not have deprived the ECJ of its jurisdiction to review their Direct Effect. Finally, the Direct Effect of International Agreements must not be contrary to their own object and purpose.

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APA: Copy

KADKHODAEI, ABBASALI, & AHADI KARNAGH, ALI. (2021). The Direct Effect of International Agreements in European Union Law. PUBLIC LAW STUDIES QUARTERLY, 51(1 ), 1-16. SID. https://sid.ir/paper/1052030/en

Vancouver: Copy

KADKHODAEI ABBASALI, AHADI KARNAGH ALI. The Direct Effect of International Agreements in European Union Law. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2021;51(1 ):1-16. Available from: https://sid.ir/paper/1052030/en

IEEE: Copy

ABBASALI KADKHODAEI, and ALI AHADI KARNAGH, “The Direct Effect of International Agreements in European Union Law,” PUBLIC LAW STUDIES QUARTERLY, vol. 51, no. 1 , pp. 1–16, 2021, [Online]. Available: https://sid.ir/paper/1052030/en

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