Making Community Law

Making Community Law

The Legacy of Advocate General Jacobs at the European Court of Justice

Edited by Philip Moser and Katrine Sawyer

The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis’s predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis’s opinions.

Chapter 8: External Relations

Richard Plender

Subjects: law - academic, european law


Richard Plender* Sir Francis Jacobs began his professional career as a public international lawyer. One of his earliest publications, if not his first, was a contribution to the International and Comparative Law Quarterly entitled ‘Varieties of Treaty Interpretation’.1 It should be no cause for surprise, therefore, that several of his more influential Opinions are concerned with the European Community’s external relations. In this chapter we shall be able to review only four of them: not all being among the best-known of the Court’s cases on the subject: VOF Schieving-Nijstad,2 Bosphorus Airways v Minister of Transport,3 Regione Autonoma Friuli-Venezia4 and Wählergruppe Gemeinsam Zajedno.5 This quartet of Opinions also provides us with an opportunity to review four current controversies: the European Court’s jurisdiction to interpret treaties between the Community and third States; the application to the European Community of Security Council resolutions; the interpretation of the European Convention on Human Rights (ECHR); and the association between the European Community and Turkey. JURISDICTION TO INTERPRET AGREEMENTS WITH THIRD STATES In Commission v Council, ‘Convention on Nuclear Safety’, Mr Advocate General Jacobs reaffirmed the consistent line of judgments of the European Court holding that a provision of an international agreement concluded by one of the Communities forms, as from its entry into force, an integral part of * QC, LLD; successor to Professor Francis Jacobs (as he then was) as Director of the Centre of European Law, King’s College, London. 1 18 ICLQ (1969) 318–46. 2 Case C-89/99, 25 February 2001;...

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