СПОРАЗУМИ О СТАБИЛИЗАЦИЈИ И ПРИДРУЖИВАЊУ У ПРАВУ ЕВРОПСКЕ УНИЈЕ
STABILISATION AND ASSOCIATION AGREEMENTS IN EUROPEAN UNION LAW

Summary/Abstract: Stabilization and Association Agreements (SAA) are a third generation of EU association agreements, which are specially designed for the Western Balkan counties. By their legal nature, they are preferential trade agreements including political clauses which make provisions for the countries of this region to become candidates for the EU membership but without an automatic right of admission to EU. Concurrently, they are mixed agreements, which implies that they must be ratified not only by the non-member states but also by the EU and all its Member States. In light of such a complex and lengthy ratification process, an interim agreement is concluded alongside the SAA. The decision of the EU Council and the ratification of the associated state is sufficient for its entry into force. Stabilization and Association Agreements fall into the category of primary sources of the EU legal system, along with other international treaties, and they have a higher legal force than the secondary legislation. Hence, they constitute an integral part of EU Law and no transposition measures are required for their application. On the other hand, the SAA may have a direct effect in the Member States’ legal systems if they contain clear and precise provisions whose application is not conditional to the adoption of any subsequent implementation measures. In its jurisprudence, the EU Court of Justice has recognized the direct effect of association agreement provisions on the creation of free trade zones, which facilitate the freedom of movement of capital, goods and services between the associated states and the EU and its Member States. When it comes to the free movement of workers, the direct effect is possible on grounds of provisions regulating the prohibition of discrimination of workers who are legally employed on the territory of the Member States, particularly in terms of employment, working conditions and wages. The practical consequence of recognizing the direct effect of these provisions is the opportunity for the citizens and legal entities of the Western Balkans to acquire certain rights within the EU legal system. Thus, they will be entitled to directly refer to the provisions of the SAA in the proceedings instituted before the courts of Member States and the EU Court of Justice, and to seek protection of their rights arising thereof, in accordance with the standards similar to those enjoyed by the EU citizens.

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