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The situation of the European Union legal system with regard to international agreements

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  1. The pragmatic approach of the Court of Justice of the European Union
  2. The choice for theoretical dualism and practical monism
  3. The full integration of international agreements into the EU legal system

"The EU Member States may be divided into those whose legal order is monist and those whose legal order is dualist." In monist States, once an international agreement has been agreed to, its entering into force in the international legal order entails its entering into force in the national legal order. In dualist States however, this entering into force at the national level requires a specific legal instrument. In the concrete, the instrument may reproduce the exact content of the international agreement or explicitly requires the observance of the agreement's provisions.

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