Resolving Conflicts between Treaties and EU Law in the Case-Law of the European Court of Justice: International Legal Aspects (article in Lithuanian)

Andrius Mamontovas

Abstract


The present article is focused on the analysis of the application of Article 351 of the Treaty on the Functioning of the European Union (ex Article 307) in the case-law of the European Court of Justice (ECJ). The purpose of the article is twofold: firstly, it attempts to determine if ECJ infringes the rules of general international law when resolving conflicts between EU law and treaties concluded between the Member States and third countries; secondly, it aims at disclosing the content of EU law applicable in the cases of the resolution of the conflicts of treaties. The article starts with an introduction of rules governing the application of the principles of public international law in the EU. The author states that the principles or general international law are only residually applied by the ECJ, namely, in cases when EU law does not govern a specific legal relationship and the ECJ decides to apply general international law. Some scholars regard such a manner of the application of general international law by the ECJ as inconsistent with the rules of general international law. To assess this, the author applies the test of the breach of the rules of general international law to the case-law of the ECJ on the resolution of the conflicts of treaties throughout the article.

Keywords


conflict of treaties; conflict clause; treaties concluded by the Member States prior to the accession to the EU; treaties concluded by the Member States after the accession to the EU; pacta tertiis nec nocent nec prosunt

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236