First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state’s unilateral measures.
Table of Contents
1. Introduction 1. Notes to Chapter 1 2. Article 224 of the Treaty of Rome and the Court of Justice: A Case Survey 1. Introduction 2. Case Survey 3. The Interpretation of Article 224 by the ECJ 4. Concluding remarks 5. Notes to Chapter 2 3. Case Study: Commission v Helenic Republic, cases C-120/94R and C-120/94 1. Introduction 2. Background to the case: the Greece-FYROM dispute 3. Case C-120/94R Commission v Hellenic Republic 4. Case C-120/94 Commission v Hellenic Republic 5. The opinion of Advocate General Jacobs in case C-120/94 6. Concluding Remarks 7. Notes to Chaper 3 4. The Legal Interpretation of Articles 224 and 225 1. Introduction 2. Unilateral measures or common action? 3. The circumstances under which Article 224 could apply 4. The Nature of Unilateral Measures Taken Under Article 224 5. Interpretation of Article 225 6. Concluding Remarks 7. Notes to Chapter 4 5. Articles 224 and 225 of the Treaty: The Political Context 1. Introduction 2. Article 224 as a product of the pro and anti-integration dialectic 3. The Political context of Article 224 4. The Quasi-Paradox of Article 224 5. Towards a political interpretation of Article 224 6. Concluding Remarks 7. Notes to Chapter 5 6. Application of Articles 224 and 225 in the FYROM cases 1. Introduction 2. The Legal Context 3. The Political Context 4. Concluding Remarks 5. Notes to Chapter 6 7. Conclusions 1. The Fusion of Law and Politics at the EU Level 2. Legal minimalism 3. The Future of Article 224 4. Some Thoughts about Europe 5. Notes to Chapter 7