European Union - accession of the Community to the European Convention on Human Rights - competence of the Community under Article 235 of the Treaty Establishing the European Community - need to amend the Treaty

Article Abstract:

The European Court of Justice (ECJ) has ruled that existing EC law does not allow the Community's accession to the European Convention on Human Rights (ECHR). However, the court did not clarify whether the EC is competent to adopt a human rights catalog under Article 235 of the EC Treaty. Rather than adopting such a catalog or establishing a preliminary reference procedure, the EC's best option may be ECHR accession with appropriate EC Treaty amendments and submission to ECJ jurisdiction.

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European Community - Yugoslavia cooperation agreement - suspension of trade concessions - Vienna Convention on the Law of Treaties - rebus sic stantibus clause - judicial review of Community acts for compliance with customary international law

Article Abstract:

The Court of Justice of the European Community ruled in A. Racke GmbH v. Hauptzollamt Mainz that the European Economic Community (EEC) Council regulation which suspended the trade concessions in the 1980 Cooperation Agreement between the EEC and Yugoslavia was valid. The Court decided the Council had not violated customary international rules governing the termination or suspension of treaties due to fundamental changes in circumstances.

European Union, Commercial treaties, Trade agreements

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European Community competence - development cooperation - duty to respect human rights and democratic principles - cooperation in fields of energy, tourism, culture, drug abuse control and protection of intellectual property

Article Abstract:

The European Court of Justice held that art. 113 and 130y of the Treaty of Maastricht 1992 guides the Community's human rights policy in development agreements with non-treaty states. Community competence for human rights or democracy issues exists only when a development agreement is a commercial instrument. The court reasoned the Community could suspend an agreement only upon the violation of express development agreement conditions.

Interpretation and construction, Portugal, Powers and duties, Treaties, Competent authority

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