The jurisdiction of the court of justice of the European Union to deliver a cancellation judgment regarding the international agreements to which the EU is party

• Author: Roxana-Mariana Popescu
• Position: Associate professor, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: rmpopescu@yahoo.com).
• Pages: 92-100

LESIJ NO. XXIII, VOL. 1/2016

THE JURISDICTION OF THE COURT OF JUSTICE OF THE

EUROPEAN UNION TO DELIVER A CANCELLATION JUDGM ENT

REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH

THE EU IS PARTY

Roxana-Mariana POPESCU*

Abstract

In the case where internationa l agreements are treated a s legal acts of EU institutions, they may

be subject to judicia l review exercised by the Court in Luxembourg. Given the fact that we assimilate

internationa l agreements to lega l acts of the Euro pean Union, we would be tempted to ask our selves

the following questions: to what extent declaring a n agreement, by a judgment of the Court of Justice

of the EU delivered in the action for ca ncellation, as being inapplica ble to the EU legal order, a ffects

the security of internationa l relationships? If these r elationships are a ffected, is it possible to exclude

the subsequent verification conducted by the Court? In the study below, our purpose is to find answer

to these questions.

Keywords: competence, Court of Justice of the Eur opean Union, a ction for cancellation,

internationa l agreements.

1. Introductory considerations

The action for cancellation lies in the

possibility of Member States, European

Union institutions and natural and legal

persons to challenge before the Court of

Justice of the European Union, a legally

binding act issued by the EU institutions and

to obtain, under certain conditions, its

cancellation

1

. It is a means of monitoring the

compliance of EU legal acts, a control o f

*Associate professor, PhD, Faculty of Law, "Nicolae Titulescu" University of Bucharest (e-mail:

rmpopescu@yahoo.com).

1

For details see Augustin Fuerea, Dreptul Uniunii Europene. Principii, aciuni, liberti, Universul Juridic

Publishing House, Bucharest, 2015, pp. 65-74.

2

The Act will be cancelled with ex tunc effect (as if it did not exist) and, exceptionally, with ex nunc effects (for

the future).

3

For details see Elena Emilia Ştefan, Reflecii privind independena justiiei, in CKS- eBook, Bucharest, 2013,

pp. 671-672.

4

See: Augustina Dumitracu, Dreptul Uniunii Europene i specificitatea acestuia, second edition, Universul

Juridic Publishing House, Bucharest, 2015; Laura Sptaru-Negur, Some Aspects Regarding Translation

Divergences Between the Authentic Texts of the European Union, in CKS (Challenges of the Knowledge Society)

2014, Bucharest, 2014, pp. 368-387.

legality which seeks the abolition

2

of an

unlawful act

3

, not its changing.

In the case where international

agreements are treated as legal acts

4

of EU

institutions, they may be subject to judicial

review exercised by the Court in

Luxembourg. Given the fact that we

assimilate international agreements to legal

acts of the European Union, we would be

tempted to ask ourselves the following

questions: to what extent dec laring an

agreement, by a judgment of the Court of