Page 186 - Секретаријат за законодавство

ble of direct effect, they were only subject to the optional jurisdiction
of the European Court of Justice and enforcement proceedings could
not be taken by the European Commission for any failure to transpose
a framework decision into domestic law. But since December 2014
the Commission and the ECJ have this competence over legal instru-
ments in the area of judicial cooperation in criminal matters.

International Agreements

In accordance with Article 216 of the TFEU, the EU may conclude
agreements with one or more third countries or international organ-
isations establishing an association, involving reciprocal rights and
obligations, common action and special procedure. Such agreements,
which were concluded by the EU, are binding upon the institutions of
the EU and on its Member States. The procedure for the conclusion
of international agreements is set in Article 218 of the TFEU. The
Council authorizes the opening of negotiations, adopts negotiating di-
rectives, authorises the signing of agreements and concludes them.

The Commission, or the High Representative of the Union for Foreign
Affairs and Security Policy where the agreement envisaged relates ex-
clusively or principally to the common foreign and security policy,
shall submit recommendations to the Council, which shall adopt a de-
cision authorising the opening of negotiations and, depending on the
subject of the agreement envisaged, nominating the Union negotiator
or the head of the Union’s negotiating team.

A Member State, the European Parliament, the Council or the Com-
mission may obtain the opinion of the Court of Justice as to whether
an agreement envisaged is compatible with the Treaties. Where the
opinion of the Court is adverse, the agreement envisaged may not en-
ter into force unless it is amended or the Treaties are revised.

International agreements concluded by the EU are part of the EU legal
order:
“In ensuring respect for commitments arising from an agreement con-
cluded by the Community institutions the Member States fulÞl an ob-
ligation not only in relation to the non-member country concerned but
also and above all in relation to the Community which has assumed

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