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Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements

Ghazaryan, Narine

Authors



Abstract

The article revisits the debate on direct applicability and direct effect of EU international agreements by questioning the role of the so called gatekeepers. It considers the established role of the Court of Justice of the EU as the gatekeeper of the EU legal order through identifying the stages of gatekeeping and their implications. It further analyses the possibilities of sidelining the Court through various techniques, which include the agreement between the parties to the international agreement. A more controversial challenge to the Court’s position stems from a practice emerging from Council decisions concluding a number of international agreements. These decisions make a strong pronouncement on the exclusion of direct effect for the entire agreement. The status of such pronouncements is analysed with reference to CJEU’s jurisprudence as well as the relevant rules of international law.

Citation

Ghazaryan, N. (2018). Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements. Yearbook of European Law, 37, 27–74. https://doi.org/10.1093/yel/yey003

Journal Article Type Article
Acceptance Date Apr 4, 2018
Online Publication Date May 30, 2018
Publication Date Jan 1, 2018
Deposit Date May 18, 2018
Publicly Available Date Jan 2, 2020
Journal Yearbook of European Law
Print ISSN 0263-3264
Electronic ISSN 2045-0044
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 37
Pages 27–74
DOI https://doi.org/10.1093/yel/yey003
Keywords EU international agreements, direct effect, direct applicability
Public URL http://eprints.nottingham.ac.uk/id/eprint/51867
Publisher URL https://academic.oup.com/yel/advance-article/doi/10.1093/yel/yey003/5025740
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf
Additional Information This is a pre-copyedited, author-produced version of an article accepted for publication in Yearbook of European Law following peer review. The version of record Narine Ghazaryan; Who Are the ‘Gatekeepers’?: In Continuation of the Debate on the Direct Applicability and the Direct Effect of EU International Agreements, Yearbook of European Law, , yey003, https://doi.org/10.1093/yel/yey003 is available online at: https://academic.oup.co...093/yel/yey003/5025740.

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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