WRITTEN QUESTION No. 1788/96 by Richard BALFE to the Commission. 1963 EEC-Turkey Association Agreement - Austria
Date: 1996-06-20
Institutions: BALFE, European Parliament
Subjects: Austria, Court of Justice of the European Union, EU legal system, Türkiye, association agreement (EU), enlargement of the Union, interpretation of the law, primacy of EU law, ratification of an agreement













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91996E1788

WRITTEN QUESTION No. 1788/96 by Richard BALFE to the Commission. 1963 EEC-Turkey Association Agreement - Austria  


Official Journal C 322 , 28/10/1996 P. 0103 





WRITTEN QUESTION P-1788/96 by Richard Balfe (PSE) to the Commission (20 June 1996)Subject: 1963 EEC-Turkey Association Agreement - AustriaLast May Austria's highest court in administrative matters, the 'VwGH', made public two rulings which it had handed down earlier, in January and February 1996 respectively, which support the view that provisions decided by the Association Council set up under the 1963 EEC-Turkey Association Agreement, in particular Decision No 1/80 and Decision No 3/80, have a direct effect in Austria since the day of its accession to the European Union (see Migration News Sheet, June 1996). The Austrian Ministry of Foreign Affairs apparently holds this view as well, but not the Austrian Ministry of the Interior. Referring to the opinion of the service on constitutional matters of the Federal Chancellery, the latter argues that the aforementioned Decisions will come into force in Austria only after Vienna has signed and ratified the protocol to be appended to the Association Agreement between the Community and Turkey to take account of the accession of Austria.1. What is the Commission's view on this matter as to whether or not ratification is necessary before these Decisions can have direct legal effect in a Member State?2. Does it hold the view that these Decisions are part of the 'acquis communautaire' and therefore apply to EVERY Member State, new and old, regardless of whether it has ratified the said protocol?3. If such an issue can be decided in a definitive and binding way only by the European Court of Justice (ECJ), is the Commission, acting on its own initiative, competent to request the ECJ to give its preliminary ruling on it? If yes, does the Commission intend to do so, and if not, why?Answer given by Mr Van den Broek on behalf of the Commission (15 July 1996)1. The Commission can confirm that for the reasons set out in its answer to the Honourable Member's earlier written questions E-3273/95 and E-3274/95, ((OJ C 91, 27.3.1996. )) to which he may refer, ratification of the protocol to be annexed to the EC-Turkey Association Agreement to take account of Austria's accession is not necessary before these Association Council Decisions can have direct legal effect in a Member State.2. Its view is that for the reasons and on the terms set out in its earlier answers, Association Council decisions apply to every Member State, new and old, regardless of whether it has ratified that protocol.3. The Court of Justice is responsible under Article 164 of the EC Treaty for ensuring that in its interpretation and application the law is observed.Pursuant to the third subparagraph of Article 177 of the EC Treaty, only courts or tribunals of a Member State may refer questions of interpretation of Community law to the Court of Justice.