CYIL vol. 14 (2023)

DOMINIKA MORAVCOVÁ CYIL 14 (2023) for example, effectiveness, the principle of restrictive interpretation, and others. 67 In our view, therefore, the Convention allows for a wider range of methods of interpretation than that used by the CJEU. The European Union acceded to the Convention following the Council Decision, 68 and it entered into force on 01 October 2015. 69 The EU’s founding treaties do not explicitly provide for the possibility of EU membership in international organisations, but neither do they prohibit it. 70 The EU has been a member of the Hague Conference since 3 April 2007, following an amendment to the Statute of the Conference as of 01 January 2007, 71 which allowed, under Article 3, REIO to become a member of the Conference. 72 The Hague Conventions are international treaties falling under the regime of public international law and the Vienna Convention on the Law of Treaties. As regards the nature of the Convention, the Convention is a legally binding source of law. The EU’s accession to the Convention makes it an integral part of the EU acquis from its entry into force. 73 To determine the Convention’s place in the hierarchy of sources, it is necessary to deal with its effects. In the interpretative materia on direct effect, the Court of Justice emphasises the objective criteria of certainty and unconditionality but examines them in a rather discretionary manner and, cumulatively, focuses rather on the subjective aspect of direct effect, the intention of the parties to attribute that effect to the provisions in question. 74 Direct effect in EU law means the possibility of directly invoking rights and obligations under such provisions not only before the courts of the Member States but also within the EU legal order and before the Court of Justice. 75 First of all, we are interested in whether the Convention confers rights on citizens of the Union that they can directly invoke before the courts. 76 The author thinks that this presumption is met in the Convention. The Decision of Accession itself states that the Convention affects secondary law governing the choice of jurisdiction and the recognition and enforcement of judgments arising therefrom. 77 The Union’s legislation has been adapted in order to ensure compliance with the Convention. 78 In addition to the aforementioned, the nature of the Convention and the Explanatory Memorandum, in the author’s opinion, shows the intention of the Contracting Parties to give direct effect to the Convention, otherwise, it 67 BROWNLIE, I. Princípy medzinárodného verejného práva [Principles of international public law] . Bratislava: Eurokódex, s.r.o. a Paneurópska vysoká škola, 2013. p. 686. 68 Council Decision (n 54). 69 HCCH (n 6). 70 EECKHOUT, P. (n 55). 71 Council Decision of 5 October 2006 on the accession of the Community to the Hague Conference on Private International Law (OJ L 297, 26.10.2006, pp. 1–14). 72 Art. 3 of the Statute of the Hague Conference on Private International Law. 73 SIMAN, M., SLAŠŤAN, M. (n 53). 74 BOBEK, M., BŘÍZA, P., KOMÁREK, J. Vnitrostátní aplikace práva Evropské unie [National application of the law of the European Union] . 1. vyd. Praha: C. H. Beck, 2011. p. 112. 75 CRAIG, P., DE BÚRCA, G. EU law – text, cases, and materials. 4. vyd. New York: Oxford University Press, 2008. p. 211. 76 Judgment of the Court of 12 December 1972, International Fruit Company NV and others v Produktschap voor Groenten en Fruit , C 21-24/72, EU:C:1972:115. 77 Recital 3 to the Council Decision (n 54). 78 EUR-Lex, 2017. Legal certainty in international trade for EU businesses using choice of court agreements. [online]. Available at: https://eur-lex.europa.eu/SK/legal-content/summary/legal-certainty-in-international trade-for-eu-businesses-using-choice-of-court-agreements.html last accessed on 30 May 2023.

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