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Estonia’s association agreement with the European Union: legal and constitutional aspects

Issue 2000/4
Pg 224-237

Summary

Estonia's association agreement with the European Union was signed on 12 June 1995 and entered into force on 1 February 1998. The author examines the general nature and objectives of the agreement and the structure of the institutions set up under the agreement. The main focus of the article is on the effect of the association agreement on the Estonian law and the relations between the agreement and the Constitution of the Republic of Estonia. The author examines the position of the agreement in the legal systems of the European Union and Estonia, explains the scope of application of association law as a separate branch of law created by the agreement, addresses the direct effect of the provisions of the association agreement, its interpretation and enforcement, and dispute resolution. Also, the author addresses the issues concerning law approximation and, in this context, analyses the relations of Articles 68 and 69 of the Europe Agreement establishing the general requirement of law harmonisation with the White paper which contains specific recommendations for the adoption of the acquis communautaire. Finally, the author addresses issues concerning amendment of the Europe Agreement in connection with the dispute between the Estonian Shipping Administration and Finnish trade unions.

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