KONVENCIJE IZMEĐU DRŽAVA ČLANICA EVROPSKIH ZAJEDNICA
THE CONVENTIONS BETWEEN EC MEMBER STATES

Summary/Abstract: In this paper the author has dealt with issues relating to legal effect and status of conventions between member states in the Community legal status. The Treaty establishing European Community authorises member states, so far as is necessary, to enter into negotiations with each other with a view to securing for the certain benefits of their nationals. On the basis of the Treaty provisions member states concluded several conventions concerning the abolition of double taxation, the mutual recognition of companies, the retention of legal personality in the event of transfer of their seat from one country to another and the simplification of formalities governing the recognition and enforcement of judgments of courts and of arbitration awards. Conventions concluded in this way are agreements governed by the international law. The Court of Justice considers that the mere fact that the Treaty authorises Member States to cooperate is not enough to justify the view that an agreement concluded for that purpose forms an integral part of Community law whose interpretation falls within the jurisdiction of the Court. However, the conventions between member states are significant for the attainment of the objectives of the E.C. Treaty and, by that reason linked to the Community law. The member states may provide for in the convention itself or a protocol thereto for the Court of Justice to have jurisdiction to interpret its provisions. Such status of conventions concluded between member states determinates their relations with the sources of Community law. They must be in accordance with the E.C. Treaty and the acts of the Community institutions which were adopted pursuant to its provisions.

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