تطوير معايير الأثر المباشر للإتفاقيات الدولية من قبل المحاكم الوطنية

Abstract EN

Despite the classicism of the criteria set for the direct effect of international treaties, the domestic courts contributed to their development beyond the prevailing traditional concepts that mainly depend on the formulation of the rule towards giving a more open dimension to these standards.

Thus, the national judges recognized the direct effect of the international treaty clauses in view of the complete (clear, precise and unconditional) character of the international rule without neglecting to take into account the intent of the High Contracting Parties, while the domestic courts retained the ability to assess and examine the conditions for the direct application of the international rule, with full independence of the executive or the legislator.