Les accords d'association conclus ou susceptibles d'être conclus sur la base de l'article 238 CE : essai d'une typologie

Abstract : Although the association agreements based on article 238 EC are placed at the highest level with regard to the hierarchy of international agreements concluded by the EC, they are by no means a clear reference. Article 238 is indeed restrict d to "characterizing" this category of agreements; all the more so as the characteristics themselves are ambiguous and do not constitute a category which can be seen a single material notion. As the association agreements were left deliberately ambiguous in practice, they will become increasingly more heterogeneous. Moreover, it must be added that as far as international relations in the EC are concerned, things have gone beyond legal cleavages and textual categories of agreements. This is why there has been, for some time now, confusion surrounding the initial models. Taking into account this ambivalence, should one continue to seek a material conception to these agreements or, on the contrary, should one "resign oneself" to a formal notion by considering as "association agreements" all the agreements which are formally based on article 238 EC. Whatever the solution, it is of the utmost importance to classify the various applications must be useful in order to pinpoint such a heterogeneous notion.
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Theses
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http://docnum.univ-lorraine.fr/prive/BUD_T_1995_0005_MANNAI.pdf
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Submitted on : Tuesday, April 24, 2018 - 4:09:37 PM
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Sadok Mannai. Les accords d'association conclus ou susceptibles d'être conclus sur la base de l'article 238 CE : essai d'une typologie. Droit. Université Nancy 2, 1995. Français. ⟨NNT : 1995NAN20005⟩. ⟨tel-01777022⟩

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