The legal effects of EU agreements / / Mario Mendez.

• Superior document: Oxford studies in European law
• Author: Mendez, Mario.
• Year of Publication: 2012
• Edition: First edition.
• Language: English
• Series: Oxford studies in European law.
• Physical Description: 1 online resource (358 pages) :; illustrations; digital file(s).
• Notes: Revision of the author's thesis (Ph. D.)--European University Institute, 2009.

A comprehensive analysis of the legal effects of EU agreements explored in both comparative perspective and in terms of the ramifications for the legal orders of the member states. The book provides a thorough analysis of the case-law in this increasingly important area of EU law, valuable to academ...

Table of Contents

• Cover; Title Page; Copyright Page; Dedication; Contents; List of Abbreviations; Introduction; I. The Legal Effects of Treaties in Domestic Legal Orders and the Role of Domestic Courts; 1. Introduction; 2. The Dictates of International Law; 3. Domestic Legal Orders and the Legal Effects of Treaties; 4. Revisiting the Theory and the Role of Domestic Courts; 5. Conclusions; II. The Constitutional Status of EU Agreements: Revisiting the Foundational Questions; 1. Introduction; 2. Opting for Automatic Treaty Incorporation: EU Agreements as Acts of the Institutions and an Integral Part of EU Law 62
• 3. Constitutional Review of EU Agreements: Constitutionalism Running Wild?4. The Judicial Application of EU Agreements and Direct Effect; 5. Conclusions; III. The Association, Cooperation, Partnership, and Trade Agreements Before the EU Courts: Embracing Maximalist Treaty Enforcement?; 1. Introduction; 2. Preliminary Rulings; 3. Direct Actions; 4. Conclusions; IV. The GATT and WTO Before the EU Courts: Judicial Avoidance Techniques or a Case Apart?; 1. Introduction; 2. GATT Agreements Before the EU Courts; 3. WTO Agreements Before the EU Courts; 4. Conclusions
• V. The Non-Trade Agreements Before the EU Courts: The Emergence of Judicial Avoidance Techniques in Challenges to EU Action1. Introduction; 2. Challenges to Domestic Action; 3. Challenges to EU Action; 4. Conclusions; VI. Concluding Assessment; 1. Introduction; 2. Ex Post Challenges to EU Agreements: The Triumph of Constitutionalism; 3. EU Agreements in Challenges to Domestic Action: Embracing Maximalist Treaty Enforcement; 4. EU Agreements in Challenges to EU Action: The Allure of Judicial Avoidance Techniques; 5. Conclusions; Appendix EU Agreements Case Law Data-Set; Bibliography; Index