Kolize závazků plynoucích z unijního práva a mezinárodního práva
Conflicts of Obligations from European Union Law and International Law

Summary/Abstract: The paper focuses on three examples of conflicts of EU law and international law. First, conflict of bilateral investment agreements and EU law is analyzed, with emphasis on intra-EU BITs. The author deals with the Micula case concerning a conflict with Union state aids law. Subsequently, the Kadi case is mentioned and put into context of various opinions of courts in Europe. Finally, conflicts of EU law and the European Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed. The author summarizes relevant case law of the European Court of Human Rights, particularly the Matthews case, the Bosphorus case and the Michaud case. The author points out the conciliatory attitude of the European Court of Human Rights. Two trends are stressed in connection with the issues in question. The EU tends to promote the principle of primacy of EU law also in relation to certain international obligations of EU Member States. However, there are objections to this approach. Another trend is the reinforcement of EU competences, which might help to remove some conflicts of international obligations in the future.

• Details
• Contents