DIRECT EFFECT OF INTERNATIONAL AGREEMENTS OF EC

Abstract

International agreements concluded between European Communities and third countries or international organizations forms the integral part of the legal system of the European Communities. They are binding on the member states and may have direct effect under the similar conditions which apply to the internal sources of Community law. National courts must protect rights which international agreements provides for the individuals. A provision in an agreement concluded by the Community is regarded to have direct effect when, regard being had to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation of effects, to the adoption of any subsequent measure. Whether particular provision of the agreement fulfills conditions for direct effect is matter of interpretation which is in the exclusive jurisdiction of the Court Justice. That court rules on the interpretation of the agreement in the proceedings for preliminary ruling. Such jurisdiction of the Court of Justice ensures uniform interpretation and application of international agreements in all member states of the Community.