Lazowski, A. 2022. Direct Effect of the EU–Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov. in: Butler, G. and Wessel, R.A. (ed.) EU External Relations Law: The Cases in Context Hart Publishing.
| Chapter title | Direct Effect of the EU–Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov |
|---|---|
| Authors | Lazowski, A. |
| Editors | Butler, G. and Wessel, R.A. |
| Abstract | How to proceed when an EU legal act is a victim of the lost in translation syndrome? When solving the linguistic dilemmas, which principles should apply? Is the EU-Russia Partnership and Cooperation Agreement capable of producing direct effect? If so, could the plaintiff rely on Article 23(1) EU-Russia PCA, which prohibits discrimination on grounds of nationality? These were the issues that the Court of Justice had been called to deal with in the case Simutenkov. The reaction of academic commentariat to this judgment was rather muted and, prima facie, one should not be blamed for treating it merely as a footnote case. With this in mind, the aim of the present chapter is to demonstrate that Mr. Simutenkov, and his litigation with the Spanish football league, as well as the Spanish Ministry of Education & Culture, deserves a closer look. It is so for several of reasons. Firstly, this case is a good example of challenges posed by the multilingualism, which is at the heart of the EU legal order. Secondly, the commented judgment produces yet another evidence, if one were needed, of the importance of advocates general at the Court of Justice. Thirdly, this case established that the EU-Russia PCA is capable of producing direct effect. This is as far as the microscope look on the judgment in hand would take us. However, a telescope may also prove useful to see the big picture. As argued in this chapter, the effects of this judgment go beyond Mr. Simutenkov, and his litigation. In particular, two points merit attention in this respect. Case Simutenkov – at least potentially - opened the doors for direct effect of other Partnership and Cooperation Agreements, which were concluded by the then European Community with selected newly independent countries established on the ashes of the Soviet Union. Furthermore, the conclusion reached by the Court of Justice makes the decision of the Council to deprive their successors with Ukraine, Georgia and Moldova of direct effect quite indefensible. |
| Keywords | EU Law |
| EU External Relations | |
| Book title | EU External Relations Law: The Cases in Context |
| Year | 2022 |
| Publisher | Hart Publishing |
| Publication dates | |
| Published | 02 Jun 2022 |
| ISBN | 9781509939695 |
| 9781509958474 | |
| 9781509939701 | |
| 9781509939718 |
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Court of Justice of the European Union and the United Kingdom after Brexit: Game Over?
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Where do we go from here? EU relations with the Eastern Partnership avant garde
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Mind the Fog, Stand Clear off the Cliff! From the Political Declaration to the Post-Brexit EU-UK Legal Framework (Part I)
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Aranyosi and Caldararu through the Eyes of National Judges
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The Sky Is Not the Limit: Mutual Trust and Mutual Recognition aprés Aranyosi and Căldăraru
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When Cives Europae became bargaining chips: free movement of persons in the Brexit negotiations
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Stepping into uncharted waters no more: the Court of Justice and EU Criminal Law
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Exercises in Legal Acrobatics: Brexit Transitional Arrangements
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The External Dimension of Withdrawal from the European Union
Lazowski, A. and Wessel, R.A. 2017. The External Dimension of Withdrawal from the European Union. Revue des Affaires européennes. 2016 (4), pp. 623-638.
Be careful what you wish for: procedural parameters of EU withdrawal
Lazowski, A. 2017. Be careful what you wish for: procedural parameters of EU withdrawal. in: Closa, C. (ed.) Dealing with Secession from a Member State and Withdrawal from the European Union: Troubled Membership Cambridge Cambridge University Press. pp. 234-255
Inside but out? The UK and the EU
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EU Criminal Law and Enlargement
Lazowski, A. 2016. EU Criminal Law and Enlargement. in: Mitsilegas, V., Bergström, M. and Konstadinides, T. (ed.) Research Handbook on EU Criminal Law Edward Elgar. pp. 507-531
The European Court of Justice blocks the EU's accession to the ECHR
Lazowski, A. and Wessel, R. 2015. The European Court of Justice blocks the EU's accession to the ECHR. CEPS Commentary. 40.
The Importance of Being Earnest: Spelling of Names, EU Citizenship and Fundamental Rights
Lazowski, A., Dagilyte, E. and Stasinopoulos, P. 2015. The Importance of Being Earnest: Spelling of Names, EU Citizenship and Fundamental Rights. Croatian Yearbook of European Law and Policy. 11, pp. 1-45.
When Caveats Turn into Locks: Opinion 2/13 on Accession of the European Union to the ECHR
Lazowski, A. and Wessel, R.A. 2015. When Caveats Turn into Locks: Opinion 2/13 on Accession of the European Union to the ECHR. German Law Journal. 16 (1), pp. 179-212. https://doi.org/10.1017/S2071832200019477
The European Court of Justice blocks the EU's accession to the ECHR
Lazowski, A. and Wessel, R.A. 2015. The European Court of Justice blocks the EU's accession to the ECHR. CEPS Commentary.
"Darling you are not going anywhere": the right to exit in EU Law
Lazowski, A. 2015. "Darling you are not going anywhere": the right to exit in EU Law. European Law Review. 40 (6), pp. 877-894.
Between dream and reality: challenges to the legal rapprochement of the Western Balkans
Lazowski, A. and Blockmans, S. 2014. Between dream and reality: challenges to the legal rapprochement of the Western Balkans. in: Petrov, R. and Van Elsuwege, P. (ed.) Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? Routledge. pp. 108-133
EU Criminal Law: a Challenge or Nightmare for Lawyers?
Lazowski, A. 2014. EU Criminal Law: a Challenge or Nightmare for Lawyers? Legal Profession Before and After Accession, 12th Jean Monnet Seminar, . Dubrovnik, University of Zagreb 15 Apr 2014
Europe of Different Speeds: Panacea or Threat to European Integration?
Lazowski, A. 2014. Europe of Different Speeds: Panacea or Threat to European Integration?
Inside but out: United Kingdom in the European Union
Lazowski, A. 2014. Inside but out: United Kingdom in the European Union. Enforcing EU Law Against Recalcitrant Member States . Berlin, WZB Berlin Social Research Center 10 Jul 2014
Social assistance in times of economic crisis: at the crossroads of EU legislation on free movement and EU legislation on social security
Lazowski, A. 2014. Social assistance in times of economic crisis: at the crossroads of EU legislation on free movement and EU legislation on social security. Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future?. Luxembourg, EIPA 01 Dec 2014
Flexibility and homogeneity: Two uneasy bedfellows
Lazowski, A. 2014. Flexibility and homogeneity: Two uneasy bedfellows. in: Blockmans, S. (ed.) Differentiated Integration in the EU – From the inside looking out Brussels Centre for European Policy Studies. pp. 37-45
Between dream and reality: challenges to the legal rapprochement of the Western Balkans
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The Seventh EU Enlargement and Beyond: Pre-Accession Policy vis-à-vis the Western Balkans Revisited
Lazowski, A. and Vlasic Feketija, M. 2014. The Seventh EU Enlargement and Beyond: Pre-Accession Policy vis-à-vis the Western Balkans Revisited. Croatian Yearbook of European Law and Policy. 10, pp. 1-37.
Editorial Note: It was a good year....wasn’t it?
Lazowski, A. 2013. Editorial Note: It was a good year....wasn’t it? Croatian Yearbook of European Law and Policy. 9, pp. VII-XIV.
Restrictions to movement rights imposed by the Member States on their own citizens
Lazowski, A. 2013. Restrictions to movement rights imposed by the Member States on their own citizens. Recent Trends in the Case Law of the Court of Justice of the European Union: What Directions for the Future?, European Institute of Public Administration (EIPA). Luxembourg 05 Dec 2013
Editorial Note: It was a good year....wasn’t it?
Lazowski, A. 2013. Editorial Note: It was a good year....wasn’t it? Croatian Yearbook of European Law and Policy. 9, pp. VII-XIV.
Children of the Lesser Law: A Commentary on Joined Cases Ziółkowski and Szeja
Lazowski, A. 2013. Children of the Lesser Law: A Commentary on Joined Cases Ziółkowski and Szeja. European Law Review. 38 (3), pp. 404-418.
Decoding a Legal Enigma: the Charter of Fundamental Rights of the European Union and infringement proceedings
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Withdrawal from the European Union and alternatives to membership
Lazowski, A. 2012. Withdrawal from the European Union and alternatives to membership. European Law Review. 37 (5), pp. 523-540.
European Union do not worry, Croatia is behind you: a commentary on the seventh accession treaty
Lazowski, A. 2012. European Union do not worry, Croatia is behind you: a commentary on the seventh accession treaty. Croatian Yearbook of European Law and Policy. 8, pp. 1-39.
Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution
Lazowski, A. 2012. Advocates General and Grand Chamber Cases: Assistance with the Touch of Substitution. in: Barnard, C. and Gehring, M. (ed.) Cambridge Yearbook of European Legal Studies: 2011-2012 Hart.
Visionary behind the iron curtain: Cezary Berezowski on european integration
Lazowski, A. 2011. Visionary behind the iron curtain: Cezary Berezowski on european integration. International Community Law Review. 13, pp. 43-57. https://doi.org/10.1163/187197311X552910
Treaty of Lisbon and EU’s absorption capacity
Lazowski, A. 2011. Treaty of Lisbon and EU’s absorption capacity. Polish Quarterly of International Affairs. 19, pp. 56-78.
Half full, half empty glass: the application of EU law in Poland (2004-2010)
Lazowski, A. 2011. Half full, half empty glass: the application of EU law in Poland (2004-2010). Common Market Law Review. 48 (2), pp. 503-553.
Learning the hard way: Bulgaria and EU law
Lazowski, A. and Yosifova, S. 2010. Learning the hard way: Bulgaria and EU law. in: Lazowski, A. (ed.) The application of EU law in the new member states: brave new world Oxford Oxford University Press.
Poland: constitutional drama and business as usual
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It works! The European Union in the wake of fifth and sixth enlargements
Lazowski, A. 2010. It works! The European Union in the wake of fifth and sixth enlargements. in: Lazowski, A. (ed.) The application of EU law in the new member states: brave new world Oxford Oxford University Press.
The European arrest warrant and detention
Lazowski, A. and Nash, S. 2009. The European arrest warrant and detention. in: Keijzer, N. and van Sliedregt, E. (ed.) The European arrest warrant in practice Cambridge Cambridge University Press. pp. 33-50
With but without you... the Europeanisation of legal orders of the neighbouring countries
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Towards the reform of the preliminary ruling procedure in JHA Area
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Poland: implementation without transposition
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From EU with trust: the potential and limits of the mutual recognition in the third pillar from the Polish perspective
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The EU Agency for Fundamental Rights: limits and
potential
Lazowski, A. 2009. The EU Agency for Fundamental Rights: limits and
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Poland: Constitutional tribunal on the preliminary ruling procedure and the division of competences between national courts and the Court of Justice. Court of Justice of the European Communities Order of 19 December 2006
Lazowski, A. 2008. Poland: Constitutional tribunal on the preliminary ruling procedure and the division of competences between national courts and the Court of Justice. Court of Justice of the European Communities Order of 19 December 2006. European Constitutional Law Review. 4 (1), pp. 187-197. https://doi.org/10.1017/S1574019608001879
Prawo międzynarodowe publiczne [Public International Law]
Lazowski, A. and Zawidzka, A. 2008. Prawo międzynarodowe publiczne [Public International Law]. Warsaw C.H. Beck Publishers.
Poland: implementation without transposition
Lazowski, A. 2008. Poland: implementation without transposition. in: Weyembergh, A. and Santamaria, V. (ed.) The evaluation of European Criminal Law: the example of the Framework Decision on combating trafficking in human beings Editions de l’Université de Bruxelles. pp. 285-300
Enhanced multilateralism and enhanced bilateralism: Integration without membership in the European Union
Lazowski, A. 2008. Enhanced multilateralism and enhanced bilateralism: Integration without membership in the European Union. Common Market Law Review. 45 (5), pp. 1433-1458.
Box of chocolates integration: the European Economic area and Swiss model revisited
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Two sides of the same coin? Framework decisions and directives compared
Lazowski, A. and Kurcz, B. 2007. Two sides of the same coin? Framework decisions and directives compared. in: Eeckhout, P. and Tridimas, T. (ed.) Yearbook of European Law 2006 Oxford, UK Oxford University Press.
Unia Europejska: prawo instytucjonalne i gospodarcze 2007
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The instruments of the European neighbourhood policy
Lazowski, A. 2007. The instruments of the European neighbourhood policy. Neighbourhood Policy: Noaberschap in Europe. Twente, The Netherlands 20 Apr 2007
What procedural reform to improve the contribution of the European Court of Justice to the European Penal Area?
Lazowski, A. 2007. What procedural reform to improve the contribution of the European Court of Justice to the European Penal Area? The Role of the ECJ in the establishment of a European Penal Area. Brussels, Belgium 09 Feb 2007
Rozporządzenie jako źródło prawa Wspólnot Europejskich [Regulations as Source of EC Law]
Lazowski, A. 2007. Rozporządzenie jako źródło prawa Wspólnot Europejskich [Regulations as Source of EC Law]. Europejski Przegląd Sądowy. 3, pp. 12-19.
The Reform Treaty: a paradise for lawyers and jigsaw puzzle for EU citizens (in Polish)
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Lazowski, A. 2007. Propozycje reform procedury pytań prejudycjalnych w obszarze wolności, bezpieczeństwa i sprawiedliwości [The proposed reforms of the preliminary ruling procedure]. Europejski Przegląd Sądowy. 9, pp. 18-25.
The Polish parliament and EU affairs; an effective actor or an accidental hero
Lazowski, A. 2007. The Polish parliament and EU affairs; an effective actor or an accidental hero. in: O'Brennan, J. and Raunio, T. (ed.) National parliaments within the enlarged European Union: from 'victims' of integration to competitive actors? London, UK Routledge. pp. 203-219
The Polish constitution, the European constitutional treaty and the principle of supremacy
Lazowski, A. 2007. The Polish constitution, the European constitutional treaty and the principle of supremacy. in: Albi, A. and Ziller, J. (ed.) The European Constitution and national constitutions: ratification and beyond Alphen aan den Rijn, The Netherlands Kluwer Law International.
Poland: constitutional tribunal on the surrender of Polish citizens under the European Arrest Warrant. Decision of 27 April 2005
Lazowski, A. 2007. Poland: constitutional tribunal on the surrender of Polish citizens under the European Arrest Warrant. Decision of 27 April 2005. European Constitutional Law Review. 3 (1), pp. 148-162. https://doi.org/10.1017/S1574019607001484
Free movement of workers: transitional periods for the new member states (in Polish)
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European criminal law as a challenge for the ECJ: towards the reform of the preliminary ruling procedure
Lazowski, A. 2007. European criminal law as a challenge for the ECJ: towards the reform of the preliminary ruling procedure. Which jurisdictional control in the European penal area?. Luxembourg 09 - 10 Nov 2007
Enhanced bilateralism and multilateralism: integration without a membership
Lazowski, A. 2007. Enhanced bilateralism and multilateralism: integration without a membership. 50 Years of European Integration: Foundations and Perspectives. Maastricht 23 - 24 Mar 2007
Engaged elites or kings of dreams: businesses as enforcers of EU law in Central and Eastern Europe
Lazowski, A. 2007. Engaged elites or kings of dreams: businesses as enforcers of EU law in Central and Eastern Europe. First Central and Eastern European Rule of Law Symposium: The Judicial Reforms and the EU Accession. Sofia, Bulgaria 16 Jun 2007
Eelotsusemenetluse – kaasusõpped [case studies on the preliminary ruling procedure]
Lazowski, A. 2007. Eelotsusemenetluse – kaasusõpped [case studies on the preliminary ruling procedure]. Tartu Estonian Law Centre Foundation.
Application of EU law in the new Member States: per varios usus artem experentia fecit
Lazowski, A. 2007. Application of EU law in the new Member States: per varios usus artem experentia fecit. Federalizing the EU: Why Do It?. Athens, Greece 19 May 2007
And then they were twenty-seven... a legal appraisal of the Sixth Accession Treaty
Lazowski, A. 2007. And then they were twenty-seven... a legal appraisal of the Sixth Accession Treaty. Common Market Law Review. 44 (2), pp. 401-430.
Prawo instytucjonalne Unii Europejskiej [Institutional law of the European Union]
Kenig-Witkowska, M.M., Lazowski, A. and Ostrihansky, R. 2007. Prawo instytucjonalne Unii Europejskiej [Institutional law of the European Union]. Warsaw, Poland C.H. Beck.
Bulgaria
Lazowski, A. and Yosifova, S. 2006. Bulgaria. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 207-246
Switzerland
Lazowski, A. 2006. Switzerland. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 147-184
EEA Countries (Iceland, Liechtenstein and Norway)
Lazowski, A. 2006. EEA Countries (Iceland, Liechtenstein and Norway). in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 95-146
The European Union and its neighbours: questioning identity and relationships
Blockmans, S. and Lazowski, A. 2006. The European Union and its neighbours: questioning identity and relationships. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 3-18
Conclusions: squaring the ring of friends
Blockmans, S. and Lazowski, A. 2006. Conclusions: squaring the ring of friends. in: Blockmans, S. and Lazowski, A. (ed.) The European Union and its neighbours: a legal apraisal of the EU's policies of stabilisation, partnership and integration The Hague, Netherlands T. M. C. Asser. pp. 613-640
Permalink - https://westminsterresearch.westminster.ac.uk/item/v3668/direct-effect-of-the-eu-russia-partnership-and-cooperation-agreement-non-discrimination-and-the-beautiful-game-simutenkov