EFFECTS OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EU Tamara Ćapeta 2011

Direct Effect of International Agreements?  Do international agreements concluded by the EU have direct effect and under which conditions?  ECJ recognized capacity of such agreements for direct effect: case 104/81 Kupferberg (trade agreement with Portugal); case 12/86 Demirel (association agreement with Turkey)  ECJ recognized direct effect to decisions of bodies established by international agreements: case C- 128/89 Sevince

Conditions for direct effect  Same as for other EU norms: a norm needs to be clear, precise and unconditional, when interpreted within its context  Direct effect is not dependent on reciprocity  However, if generally the aim of an international agreement does not imply direct effect, legal provisions which are clear, precise and unconditional will not have direct effect - GATT, WTO

Direct effect of Association Agreements  Direct effect of Europe Agreements: Provisions on the right of establishment : case C- 63/99 Gloszczuk; C-235/99 Kondova; C-257/99 Barkoci i Malik; C-268/99 Jany Provisions on the prohibition of discrimination of legally employed workers: C-438/00 Kolpak  Direct effect of other association agreements: case C-265/03 Simutenkov

Importance of the recognition of direct effect  Individuals, including third countries nationals, to who an international agreement bestows certain rights, can invoke such rights in front of the bodies, including the courts, in the Member States in order to prevent the application of contrary domestic rules  In Croatia – important because of the SAA

Interpretation of international agreements  Dependent on the context and the purpose of the agreement  Mirror clauses do not necessarily have the same meaning in international agreements as in the Founding Treaties  Case 270/80 Polydor

Interpretation to the benefit of an individual  Example: the notion of establishment in Europe Agreements  Right to establishment implies also right to enter the country and right to reside  May be limited with the purpose of proving ‘real intention’ of the person in question to start its own business, and to look for job in the labor market

Example  Case Jany – meaning of the term ‘economic activity of self-employed person’ same in the context of the Europe Agreement as in the context of the Founding Treaty  Right to establishment implies right to reside  Third country nationals to who agreement relates may invoke such right in front of the courts and other bodies