Beatrice Ilaria Bonafe

Direct Effect of International Agreements in the EU Legal Order

The purpose of this paper is to focus on a very specific question - whether the existence of dispute settlement mechanisms at the international level can play a role in the recognition by the ECJ of direct effect to international agreements binding on the EU. There are two major elements of uncertainty surrounding this question that will be addressed in the following pages. Firstly, the ECJ has in various occasions insisted on the existence of dispute settlement mechanisms when determining the direct effect of international agreements. Secondly, various types of dispute settlement mechanisms can be established at the international level having a different impact on the issue of direct effect. However, the following analysis will try to point out that at least a few constant features in the recognition of direct effect to international agreements in fact characterize the European court of justice (ECJ) case law. Keywords:ECJ; international agreements; international dispute