Overview

This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Comprehensively examining the legal effects of EU concluded treaties, this book provides a thorough analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the author finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU.The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically. This volume will serve as a reference point for future work in this area and will also be of assistance to EU law practitioners dealing with EU agreements.

Full Product Details

Author:   Mario Mendez (Lecturer in Law, Queen Mary, University of London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 3.00cm , Length: 23.80cm
Weight:   0.756kg
ISBN:  

9780199606610

ISBN 10:   0199606617
Pages:   400
Publication Date:   07 March 2013
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Introduction 1: The Legal Effect of Treaties in Domestic Legal Orders and the Role of Domestic Courts: Framing the Debate 2: The Constitutional Status of EU Agreements: Revisiting the Foundational Questions 3: The Association, Cooperation, Partnership, and e Trade Agreements Before the EU Courts: Embracing Maximalist Treaty Enforcement? 4: The GATT and WTO Before the EU Courts: Judicial Avoidance Techniques or a Case Apart? 5: The Non-Trade Agreements Before the EU Courts: The Emergence of Judicial Avoidance Techniques in Challenges to EU Action 6: Concluding Assessment Appendix: EU Agreements Case Law Data-Set

Reviews

[T]his book is a first-class account of the treatment by the EU Courts of the Unions international agreements J. Heliskoski, European Law Review This book, due to its original analysis, is a considerable contribution to the field of global constitutionalism and comparative regional integration, and for that reason is strongly recommended to readers interested in understanding the important role international and regional courts play in developing the global and regional legal orders. This book is not only recommended to professors and researchers from various disciplines like law, political science or history eager to strengthen their knowledge on the relationship between the European legal system and other international legal regimes, like the WTO, but also to officials, experts and practitioners working on EU agreements and/or regional integration projects. Juan A. Mayoral, Journal of Common Market Studies The author's factual approach is refreshing. The empirical work sheds a new light on a classic theme in EU external relations law With this book, Mendez has contributed substantially to the further understanding of the role and function of international agreements in the development of EU external relations law. He has written an impressive book on the basis of equally impressive empirical research - a must-read for anyone dealing with EU Agreements. Ramses A. Wessel, Common Market Law Review The final result is certainly remarkable, in that this book represents an unprecedented glance at fifty-years of the case law of the EU Courts, in which the author compares the stances taken by the judicature with the different arguments scholars have put forward on the same issues in almost the same period of time. Giacomo Gattinarain, Legal Issues of Economic Integration Mario Mendez's monograph is an impressive work which is based on a thorough evaluation of cases. The work is characterized by its clear methodology and systematic approach which enables the reader to follow easily the author's reasoning. This book is recommended to everyone who is interested in the interaction of European treaty law, international law, and the implication for and enforcement in the national legal orders of EU Member States. Mareike Frohlich, Yearbook of European Law

This book, due to its original analysis, is a considerable contribution to the field of global constitutionalism and comparative regional integration, and for that reason is strongly recommended to readers interested in understanding the important role international and regional courts play in developing the global and regional legal orders. This book is not only recommended to professors and researchers from various disciplines like law, political science or history eager to strengthen their knowledge on the relationship between the European legal system and other international legal regimes, like the WTO, but also to officials, experts and practitioners working on EU agreements and/or regional integration projects. Juan A. Mayoral, Journal of Common Market Studies The author's factual approach is refreshing. The empirical work sheds a new light on a classic theme in EU external relations law With this book, Mendez has contributed substantially to the further understanding of the role and function of international agreements in the development of EU external relations law. He has written an impressive book on the basis of equally impressive empirical research - a must-read for anyone dealing with EU Agreements. Ramses A. Wessel, Common Market Law Review The final result is certainly remarkable, in that this book represents an unprecedented glance at fifty-years of the case law of the EU Courts, in which the author compares the stances taken by the judicature with the different arguments scholars have put forward on the same issues in almost the same period of time. Giacomo Gattinarain, Legal Issues of Economic Integration Mario Mendez's monograph is an impressive work which is based on a thorough evaluation of cases. The work is characterized by its clear methodology and systematic approach which enables the reader to follow easily the author's reasoning. This book is recommended to everyone who is interested in the interaction of European treaty law, international law, and the implication for and enforcement in the national legal orders of EU Member States. Mareike Frohlich, Yearbook of European Law

Author Information

Mario Mendez is a lecturer in law at Queen Mary, University of London. He completed his undergraduate law degree at QMUL and his graduate studies at the College of William and Mary (LLM), Oxford (BCL), and the EUI (Ph.D). He has worked for the Academy of European Law at the EUI and has been a trainee at the European Commission and a visiting researcher scholar at the University of Michigan Law School. He has acted as a consultant on issues of EU law.

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