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Abstract

The Haegeman judgment of 30 April 1974 was the first case in which the European Court of Justice was asked to provide an interpretation of a bilateral agreement concluded by the EEC with a non-Member State. The Ziebell judgment of 8 December 2011 is one of the recent preliminary rulings concerning the interpretation of the 1963 Association Agreement between the EEC and Turkey. With this more than 35 years of case-law on bilateral agreements, the Court has achieved a truly impressive record. Although initially not foreseen by the Founding Fathers of the EEC Treaty, the interpretation of bilateral agreements with non-Member States has become one of the very dynamic areas of judicial protection in the EU. In the first part of this contribution, “the formative years” of the Court’s case-law on direct effect of bilateral agreements are revisited, and it is seen that a rereading of “the basics” is not without discoveries and sometimes even surprises. Thereafter, the contribution examines in more detail where the case-law on direct effect of bilateral agreements stands today; and finally, in the last section, a few illustrations are given of the intense but often subtle interaction between direct effect and substantive law interpretation.

Keywords

National Court Advocate General Bilateral Agreement Additional Protocol Preliminary Ruling 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

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Copyright information

© T.M.C. Asser Instituut 2013

Authors and Affiliations

  1. 1.Ghent UniversityGhentBelgium

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