The Direct Effect of International Agreements in European Union Law

The principle of direct effect of the European Union law in the domestic law of the member States has been institutionalized in the European Court of Justice ́s (ECJ) case law by way of two judgments: Van Gend en Loos and Costa. The principle, which has emerged through the implementation of EU law in the domestic law of the member States and the possibility of invoking those laws in the domestic courts of the member States, has also been extended to international agreements. It means that the provisions of international agreements concluded by the EU can be invoked under the domestic law of the member States. In order for international agreements to have direct effect, a number of criteria have to met. The EU must first and foremost be bound by those agreements, and the organization should have concluded them in accordance with the powers conferred on it by the founding treaties. Those agreements must be capable of conferring rights on individuals directly. The terms of those agreements must be clear and unconditional. The provisions of the international agreements should not be contrary to the primary rules and fundamental law of the EU. Furthermore, the agreements should not have deprived the ECJ of its jurisdiction to review their direct effect. Finally, the direct effect of international agreements must not be contrary to their own object and purpose.