The EU-Turkey Association and Other EU Parallel Legal Orders in the European Legal Space

Abstract:

This contribution will be devoted to the parallel legal orders which are established in the EU legal space. These legal orders align third countries through international agreements with the EU legal order.

The Turkish association is one of them but also the European Economic Area (EEA), the Swiss bilaterals on persons, the Energy Community Treaty, the European Common Aviation Area Agreement and the Ukrainian Association can be counted as being among these special agreements. These agreements are not only characterized with the special aim of approximation to parts of the EU acquis but are also equipped with directly effective norms and homogeneity clauses.

These homogeneity clauses are intended by the contracting parties to enable an identical interpretation of these international agreements norms with EU treaty norms. Relevant rulings on EU law will be also taken into account in the interpretation of identically or similarly phrased provisions. By comparing the different homogeneity clauses found in these agreements and putting them into the context of the relevant case law, it shall be concluded whether the judges follow the aims of these provisions.