The Enforcement of EU Agreements: Bolstering the Effectiveness of Treaty law?

(2010) 47(6) Common Market Law Review 1719

42 Pages Posted: 27 Oct 2020

See all articles by Mario Mendez

Mario Mendez

Queen Mary, University of London

Date Written: January 1, 2010

Abstract

This article argues that evidence has emerged of a twin-track approach to the enforcement by the Court of Justice of the European Union of international agreements concluded by the European Union (EU Agreements). A restrictive stance has been taken to enforcing them against the EU, while a bold approach has been taken to the enforcement of these Agreements as against the Member States. While this may negatively affect the EU's much stressed commitment to international law, it may nonetheless bolster the effectiveness of treaty law by placing at the disposal of litigants the powerful enforcement tools of EU law to ensure compliance by the EU's Member States with this growing body of international treaties.

Note: “Reprinted from Common Market Law Review, Vol. 47: 1719–1756, 2010, with permission of Kluwer Law International.”

Keywords: treaties; EU Agreements; EU; Court of Justice; enforcement; international law; compliance

Suggested Citation

Mendez, Mario, The Enforcement of EU Agreements: Bolstering the Effectiveness of Treaty law? (January 1, 2010). (2010) 47(6) Common Market Law Review 1719, Available at SSRN: https://ssrn.com/abstract=3718427

Mario Mendez (Contact Author)

Queen Mary, University of London ( email )

Mile End Road
London, London E1 4NS
United Kingdom

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