Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduction. – 2. Association agreements as instruments of pre-accession. – 2.1. General remarks on their status and application. – 2.2. Stabilization and Association Agreements in SEE and their application. – 3. Constitutional adjustment and their implications. – 3.1. Patterns of constitutional amendment in CEE. – 3.2. Jurisprudential adjustment in the case law of constitutional courts in CEE. – 3.3. Accession through the looking glass of SEE Constitutions. – 4. Conclusions.

Abstract

Stabilization and Association Agreements should be seen not only as political and legal documents setting out political, economic and legal obligations of pre-accession, but also as a primary and direct source of rights conferred to individuals. The particular objective of SAA and their special bond with Community law make of these agreements something different from ordinary international law. State bodies in candidate countries should be aware of the fact that they are applying community law while giving effect to SAA and decisions of bodies created under their provisions. The paper also questions the degree of openness towards international law in constitutions of SEE. Despite the fact that the present constitutional framework could serve as the basis for membership, it does not fully reflect the special character of the EU as a supranational organization. The absence of constitutional provisions on the status of European law and transfer of powers to European institutions, in combination with the entrenched principle of sovereignty and supremacy of the constitution might jeopardize full compliance with European law.