Mezinárodně právní aspekty automatické závaznosti mezinárodních dohod uzavřených EU s třetími subjekty pro členské státy
| Title in English | International Law Aspects of Automatic Binding Force of International Agreements Concluded by the EU with Third States for EU Member States |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Proceedings |
| Citation | |
| Keywords | European Union, International Agreements, Third States |
| Description | There is a clear rule in EU law stating, that international agreements that EU concludes with third states or international organizations are automatically binding also upon EU member states, which are not parties to those agreements. From the view of EU law there is no problem. However, international law evaluates that situation differently. EU member states, which are not parties of such an agreement, do not participate in the legal relationship that it creates with the third subject. Are there any mutual rights and obligations? May the third subject invoke his rights directly against the EU member state? International law authorizes in certain cases an international treaty to impose obligations on third states (not parties to it). In practice this will concern numerous agreements concluded by the EU with a third subject, whose implementation is reserved exclusively to member states (for instance the Agreement between the EU and the USA on Extradition). |