The control exercised by the court of justice in luxembourg on international agreements to which the European Union is a party

Author:Roxana-Mariana Popescu
Position:Associate Professor, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: rmpopescu@yahoo.com).
Pages:93-102
SUMMARY

The European Union as subject of international law can conclude external agreements, under a procedure which is the object of art. 218 of the Treaty on the Functioning of the European Union (TFEU). Regarding the legal force of such agreements, the Court of Justice of the European Union ruled that they were part of the EU legal order. In addition, pursuant to provisions of art. 216 para. (2) TFEU, ... (see full summary)

 
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LESIJ NO. XXII, VOL. 2/2015
THE CONTROL EXERCISED BY THE COURT OF
JUSTICE IN LUXEMBOURG ON INTERNATIONAL
AGREEMENTS TO WHICH THE EUROPEAN UNION IS
A PARTY
Roxana-Mariana POPESCU*
Abstract:
The European Union as subject of international law can conclude external agreements, under a
procedure which is the object of art. 218 of the Treaty on the Functioning of the European Union
(TFEU). Regarding the legal force of such agreements, the Court of Justice of the European Union
ruled that they were part of the EU legal order. In addition, pursuant to provisions of art. 216 para.
(2) TFEU, these agreements „link Union institutions and their Member States”. However, it should be
noted that the competence of the Court of Justice in Luxembourg reflects als o its ability to rule, at the
request of a Member State, the European Parliament, the Council or the Commission on the
compatibility of an international agreement with constitutive treaties, whether prior to the entry into
force of an international agreement or later. Considering this aspect, in the contents of our study, we
shall highlight, by using the specialized doctrine and case law in the field, the role that the Court of
Justice of EU has in the field of control over international agreements. This an alysis will consider the
control aimed at formal validity (compliance with the procedure of adoption), on the one hand, and the
control on the substance (compliance of the agreement with EU primary law).
Keywords: European Union, international agreement, Court of Justice of the EU,
„constitutional” review, a posteriori control.
1. General aspects*
Through this study, we propose an
analysis o f CJEU competences on the
control of international agree ments
1
to
which the EU is a party. To achieve this
goal, we shall conduct a thorough study of
the French, English and Romanian
doctrines, an important place being reserved
to historical jurisprudence, but also to
recent jurisprudence of the Court of Justice
of the European Union. In this research, we
shall resort to a range of research methods,
* Associate Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail:
rmpopescu@yahoo.com).
1
For details regarding international agreements to which the EU is a party, see Augustin Fuerea, Manualul Uniunii
Europene, ediţia a V-a, Fifth edition, revised and enlarged after the Treaty of Lisbon (2007/2009), Universul Juridic
Publishing House, Bucharest, 2011, p. 173-175.
specifically: the logical method, the
comparative method, the historical method
and the quantitative methods. T hus, in
analyzing the CJEU jurisdiction in
international agreements to which the EU is
a party, we shall use, in particular the
historical met hod, but also the logical
method in the approach to capture structural
and dynamic aspects from historical and
evolutionary perspective. In deciphering
considerations and grounds of regulations
and goals pursued by the solutions proposed
by the court in Luxembourg, we shall use,
predominantly, the logical method for

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