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

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