The position of the Effects of International Treaties in the Union's Legal System with a Focus on the Nature of WTO Law Cover Image

Postavení a účinky mezinárodních smluv v unijním právním systému se zaměřením na povahu práva WTO
The position of the Effects of International Treaties in the Union's Legal System with a Focus on the Nature of WTO Law

Author(s): Radek Fröhlich
Subject(s): International Law, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: international agreements; European Union; european legal system; source of law;international treaties; court of justice; legal acts;

Summary/Abstract: This paper deals with the position of international agreements concluded by the European Union in the European legal system. It puts emphasis on specifics of this source of law in the legal order of the Union. The attention is focused mainly on the possibility of applying provisions of international treaties as criteria for review of EU legal acts in the annulment proceedings. The paper presents the crucial case-law of the Court of Justice of the European Union in this area and attempts to assess its justness. The author concludes that the case-law of the Court of Justice unduly emphasizes the direct effect of international treaties and does not take into account whether the actions for annulment are brought by private individuals or by Member States.

  • Issue Year: 20/2012
  • Issue No: 2
  • Page Range: 163-169
  • Page Count: 7
  • Language: Czech