Některá specifika sjednávání dohod o přidružení v postlisabonském kontextu a jejich účinky v unijním právním řádu
Some Specific Aspects of Negotiating Association Agreements in the Post-Lisbon Context and Their Effects in EU Law

Summary/Abstract: This contribution is focused on certain recent developments in the practice of negotiating and concluding association agreements in the framework of the European Union since the entry into force of the Treaty of Lisbon. We shall look at the concept of the legal basis of such agreements and reflect whether a sole Article 217 TFEU is sufficient, or whether it should be accompanied by Article 37 TEU for matters falling under the Common Foreign and Security Policy. Further, we shall deal with the practice of splitting the Council decision on signing / conclusion of international agreements into two acts to accommodate the position of the United Kingdom, Ireland and Denmark in the Area of Freedom, Security and Justice under the Protocols No 21 and No 22. Finally, the recent exclusion of direct effect of association agreements with Ukraine, Moldova and Georgia before the EU courts by means of a Council decision will be discussed.

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