CYIL vol. 15 (2024)

DOMINIKA MORAVCOVÁ not undermine the principle of pacta sunt servanda or the obligation of a contracting party to fulfill its obligations under the treaty in question. Generally, from the perspective of international law, the primary consideration regarding the direct effect of a treaty arises when a national legal provision conflicts with a treaty provision. In the absence of such conflict, the court hearing the case may apply a national rule that aligns with the international treaty. 15 Article 27 of the Vienna Convention on the Law of Treaties grants general primacy to international treaties, 16 thereby mandating that national legislation be interpreted in accordance with the international obligations set forth in these treaties. Subsequently, we will explore how these principles are applied within EU law in the following part of the article. Initially, it is essential to take into account a global perspective, as the Court of Justice generally incorporates principles developed within international law and integrates them to a certain extent in its decision-making process. 1.2 Understanding the status of international treaties within the EU law Treaties concluded by the EU are integral to EU law, and the Court of Justice has exclusive authority to provide a binding interpretation of an international treaty concluded by the EU, as well as deciding whether or not to grant direct effect to a treaty provision within EU law. Regarding international treaties, it is important to note that the Court of Justice lacks general jurisdiction to interpret international law per se ; its jurisdiction is strictly limited to interpreting international law as it pertains to Union law. 17 As experts highlight, as far as the provisions of international treaties are concerned, we find both arguments for and against granting direct effect in Union law. According to the traditional view, such treaties bind only the contracting parties, i.e., states or organizations, without possessing a self-executing nature. However, when considered as part of Union law, these treaties should also embody certain features of the Union’s legal order. It is now widely accepted that an international treaty can indeed have direct effect, a position that has also been endorsed by the Court of Justice in its case law. 18 International law generally does not address the issue of reception, focusing instead on the principle of pacta sunt servanda and the binding nature of treaties without specifying their status within the legal systems of the contracting parties. 19 This Article examines the direct effect of international treaties within the context of EU law; therefore, we will approach the issue from the perspective of EU law, incorporating international law only to the extent that it is also applied by the Court of Justice of the EU. The most immediate impact of direct effect for individuals occurs in the adjudication of national judicial authorities. However, within Union law itself, the grant of direct effect significantly influences the hierarchy of sources 15 Ibid. 16 Article 27 of the Vienna Convention on the Law of Treaties: “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. …” 17 BOBEK, M. et al. Předběžná otázka v. komunitárním právu . [Preliminary question in community law]. Praha: Linde, 2005. p. 87. 18 CRAIG, P., DE BÚRCA, G. EU law – text, cases, and materials. 4th ed. New York: Oxford University Press, 2008. p. 207. 19 MARSDEN, S. Invoking direct application and effect of international treaties by the European Court of Justice: implications for international environmental law in the European Union. In: The International and Comparative Law Quarterly , vol. 60, no. 3, 2011, p. 743.

178