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

Ghazaryan, Narine (2018) Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements. Yearbook of European Law . ISSN 2045-0044

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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.

Item Type: Article
RIS ID: https://nottingham-repository.worktribe.com/output/934603
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.com/yel/advance-article/doi/10.1093/yel/yey003/5025740.
Keywords: EU international agreements, direct effect, direct applicability
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: https://doi.org/10.1093/yel/yey003
Depositing User: Eprints, Support
Date Deposited: 18 May 2018 08:45
Last Modified: 04 May 2020 19:38
URI: http://eprints.nottingham.ac.uk/id/eprint/51867

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