International Law (original) (raw)

Oxford University Press eBooks, 2021

Abstract

This chapter addresses the relationship between the European Union and international law. Article 218 TFEU lays down the procedure by which the Union concludes agreements with third countries or international organizations. Agreements concluded by the Union are binding on the Union institutions and on Member States (Article 216(2) TFEU). The provisions of such agreements form an integral part of the Union legal order from the moment they enter into force. This is in accordance with the 'monist' approach: agreements concluded by the Union form part of the Union legal order without there being any necessity to transpose them into internal provisions of Union law. Exceptionally, agreements not concluded by the Union but by the Member States also have binding force. This is so when the Union has assumed, under the Treaties, the competence previously exercised by the Member State in the field to which the agreement applies. This was the case with the General Agreement on Tariffs and Trade (GATT). An agreement concluded by the Member States is also binding on the Union when the Treaties provide that the Union must exercise its competence in accordance therewith. Examples are provided by the Geneva Convention and the Protocol relating to the status of refugees and other relevant treaties, which are binding on the Union in the matter of asylum policy (Article 78(1) TFEU).

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