Direct Effect of EU International Agreements in Comparison with Direct Effect of EU Directives from the Perspective of Individuals
Abstract
The paper deals with comparison of direct effect of international agreements of the European Union and review of legality of EU acts due to infringement of international agreements of the Union with direct effect of "internal" EU law. The author focuses on key judgments relating to the principle of direct effect and its conditions, and motives of the Court of Justice.
The author compares criteria concerning direct effect of "internal" EU law using the example of EU directives with international agreements. The status of individuals is one of the central issues in the decision-making of the Court, however, its reasoning is different in case of direct effect of "internal" EU law on the one hand and direct effect and review of legality of EU acts in the light of international agreements on the other.
In the first case, the Court endeavours to enforce EU law in the Member States whereas, whereas in the second case, it pursues primarily interests of the Union on the international scene. The difference between "internal" EU law and international agreements of the EU may be also seen in the requirement of the Court of Justice to fulfil conditions set for direct effect of international agreements also for cases of judicial review of Union acts in the light of international agreements.
When it comes to the EU "internal" law, there is not such a requirement.