Legal Interaction Between Decisions of International Organizations and European LawThe main issue of this book is to analyze whether and to what extent EU membership affects the implementation and application of binding decisions of International Organizations in the domestic legal order of EU Member States. It also examines how the decisions of the EU adopted in the II. and III. pillar vis-� -vis its Member States are to be qualified. Are they also decisions of an IO or are they decisions comparable to Community law measures? Thus, this book provides useful insights into the interaction of decisions of IOs with the European and the national legal orders, comparing the situation in Germany, the Netherlands and France. |
Contents
Research question | 3 |
I | 17 |
Various types of international treaties | 23 |
Agreements | 41 |
I | 49 |
The general position of decisions of IOS within | 53 |
ECTurkey Association Council Decisions | 61 |
Decisions adopted by COPSMOPS | 76 |
Decisions of the ICAO Council | 111 |
WTO dispute settlement reports | 134 |
ECHR judgments | 165 |
The EU as an IO when acting within the II and III pillars | 192 |
The application of Community law principles supremacy | 211 |
The EC law influenced legal status and effect of II and III | 227 |
International law level | 233 |
National law level | 244 |
Common terms and phrases
Accordingly adopt binding decisions Article 34 Article 55 CF Association Council Decisions banana Regulation basis of Article besluiten Biret BVerfG case-law classic legal situation Commission Common Positions communitarized Community legal order concerning Conseil d'Etat constitutional contracting parties Convention COP/MOP decisions Cour de Cassation decisions of IOS dispute settlement reports domestic legal order Dutch courts EC law transformed EC Regulation EC Treaty ECHR ECJ and CFI ECrtHR effect of WTO enjoy primacy European courts European law European Union exclusive competence explicitly Framework Decisions GATT German courts Grundgesetz Ibid ICAO Annexes implementation international agreements international treaties interpretation issue Joint Action judgment jurisdiction law level law-national law legal relationship legal status legislation measures ment national law Netherlands paragraph pillar decisions provisions public international law regarding rules Security Council Resolutions selected EU Member sions status and effect supremacy and direct tion WTO Agreement WTO dispute settlement WTO law zijn