A Hollow Victory: The ECJ Rules on Direct Effect of Freedom of Establishment Provisions in Europe Agreements

Extract

In three judgments delivered on 27 September 2001 (Cases C-63/99 R. v. Secretary of State for the Home Department, ex p. Gloszczuk and Gloszczuk; C-235/99 R. v. Secretary of State for the Home Department, ex p. Kondova; C-257/99 R. v. Secretary of State for the Home Department, ex p. Barkoci and Malik), the ECJ ruled on the legal effects of provisions in the so-called “Europe Agreements” (EAs), Association Agreements concluded in the early 1990s between the European Communities and their Member States, of the one part, and certain Eastern European countries, of the other part, with a view to promoting harmonious economic development with and within these countries and to acknowledging the ultimate political objective on the part of these States eventually to become Members of the European Union.