And then they were twenty-seven ⋯ A legal appraisal of the sixth accession treaty

Common Market Law Review

Volumn 44, Issue 2, 2007, Pages 401-430

  Łazowski, Adam ^a  

^a UNIVERSITY OF WESTMINSTER   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 62349133175     PISSN: 01650750     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (128)

1. See, inter alia, Ott and Inglis (Eds.), Handbook on European Enlargement. A Commentary on the Enlargement Process (The Hague, 2002);
2. Cremona (Ed.), The Enlargement of the European Union (Oxford, 2003);
3. Hillion (Ed.), EU Enlargement. A Legal Approach (Hart, Oxford, 2004);
4. Brimmer and Fröhlich (Eds.), The Strategic Implications of European Union Enlargement (Washington, 2005).
5. See Mayhew, Recreating Europe. The European Union's Policy towards Central and Eastern Europe (Cambridge, 1998).
6. Brussels European Council, 14/15 Dec. 2006, Presidency Conclusions, Doc. No. 16879/06, p. 2.
7. Communication from the Commission to the European Parliament and the Council. Enlargement Strategy and Main Challenges 2006-2007, COM(2006)649, at p. 2.
8. For an appraisal of EU-Bulgaria and EU-Romania relations, see łazowski and Yosifova, "Bulgaria", and Józon, "Romania", in Blockmans and łazowski (Eds.), The European Union and Its Neighbours. A Legal Appraisal of the EU's Policies of Stablisation, Partnership and Integration (The Hague, 2006), respectively at pp. 207 and 247.
9. See Inglis, "EU enlargement: Membership conditions applied to future and potential Member States" in Blockmans and łazowski, op. cit. supra note 5, p. 61.
10. Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic of Bulgaria and Romania to the European Union, O.J. 2005, L 157/11.
11. Bulgaria was the first country to ratify the Accession Treaty on 11 May 2005; it was shortly followed by Romania on 17 May 2005. Interestingly enough, the first Member States to ratify the Accession Treaty were the newcomers of 2004 (Slovakia, Estonia, Hungary and Slovenia). The first old Member State to ratify the Treaty was Greece on 2 Nov. 2005. It merits attention that neither Bulgaria nor Romania decided to organize a nationwide referendum on the EU accession.
12. Art. 4(3) of the Bulgarian Constitution says: "The Republic of Bulgaria shall participate in the establishment and development of the European Union". On the revisions of the Bulgarian Constitution adopted before the enlargement see, inter alia, Tanchev, National Constitutions and EU Law: Adapting the 1991 Bulgarian Constitution in the Accession to the European Union, 6 EPL (2000), 229;
13. Tanchev and Peteva, "Bulgaria" in Kellerman, Czuczai, Blockmans, Albi, Douma (Eds.), The Impact of EU Accession on the Legal Orders of New EU Member States and (Pre-) Candidate Countries: Hopes and Fears (The Hague 2006), 33; łazowski and Yosifova, op. cit. supra note 5, 207, at 242-244.
14. Editorial comments "The Sixth Enlargement", 43 CML Rev. (2006), 1499.
15. Treaty establishing a Constitution for Europe, O.J. 2004, C 310/1.
16. Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, signed at Nice, 26 Feb. 2001, O.J. 2001, C 80/1. For a legal appraisal see, inter alia, Andenas and Usher (Eds.), The Treaty of Nice and Beyond: Enlargement and Constitutional Reform (Oxford and Portland, Oregon, 2003).
17. This factor gives a helping hand to some of the political elites who argue that future enlargements will not be possible without a prior deep institutional reform. This is the message coming from the European Commission's Enlargement Strategy published in late 2006. The Commission says: "A new institutional settlement should have been reached by the time the next new member is likely to be ready to join the Union". See the Communication from the Commission to the European Parliament and the Council - Enlargement Strategy and Main Challenges of 2006-2007, cited supra note 4, p. 19.
18. See Inglis, op. cit. supra note 5, 61, at 64-67;
19. Edwards, "Reforming the Union's institutional framework: A new EU obligation?" in Hillion, op. cit. supra note 1, p. 23.
20. Communication from the Commission to the European Parliament and the Council. Enlargement Strategy and Main Challenges 2006-2007, cited supra note 4, p. 18.
21. Exchange of Letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession, O.J. 2005, L 157/393.
22. Case C-413/04, European Parliament v. Council, judgment of 28 Nov. 2006, nyr, para 67.
23. See also Case C-414/04, European Parliament v. Council, judgment of 28 Nov. 2006, nyr, para 44.
24. Council Decision 2007/4/EC, Euratom of 1 Jan. 2007 amending the Council's Rules of Procedure, O.J. 2007, L 1/9.
25. Ibid.
26. This may potentially take place in the next Accession Treaty. See Blockmans, "Reconciling widening and deepening: Enlargement as a vehicle to break the Union's constitutional deadlock", in Albi and Ziller (Eds.), The European Constitution and National Constitutions (The Hague, 2007) p. 249.
27. The early attempts were overshadowed by an unfortunate political decision to postpone the appointment of observers. Not only was it an embarrassing way to proceed, but it was also considered as a clear sign that the European Parliament had troubles accepting yet another group of observers. Under political pressure, the doors of the Parliament were finally opened to the observers on 26 Sept. 2005. See Kubusova, "Romanian and Bulgarian observers join the European Parliament", EUobserver, 26 Sept. 2005, euobserver.com.
28. See Bulgaria's parliament condemns EU observer but cannot recall him, www.eubusiness.com visited on 27 Nov. 2006.
29. Russian Language [Bill on the Elections of Members of the European Parliament] available at www.parliament. bg/?page=app&lng=bg&aid= 4&action=show&lid=1251.
30. Art. 9 of the Act.
31. The distribution of seats in the 2009-2014 term is going to be as follows: Germany 99; UK, France, Italy 72; Spain, Poland 50; Romania 33; The Netherlands 25; Greece, Czech Republic, Belgium, Hungary, Portugal 22; Sweden 18; Bulgaria, Austria 17; Slovakia, Denmark, Finland 13; Ireland, Lithuania 12; Latvia 8; Slovenia 7; Estonia, Cyprus, Luxembourg 6, Malta 5.
32. Council Decision 2007/1/EC of 1 Jan. 2007 appointing Members of the Commission of the European Communities, O.J. 2007, L 1/4.
33. Art. 45 (2) (a) of the Act.
34. Kubusova, "MEPs back Romanian commissioner despite 'indecent' job task", EUobserver, 6 Dec. 2006, euobserver.com.
35. Kubusova, "New Romanian commissioner to govern EU languages", EUobserver, 30 Oct. 2006, euobserver.com.
36. Decision of the Representatives of the Governments of the Member States of the European Union 2007/7/EC, Euratom of 1 Jan. 2007 appointing judges at the Court of Justice of the European Communities, O.J. 2007, L 1/18.
37. Decision of the Representatives of the Governments of the Member States of the European Union 2007/8/EC, Euratom of 1 Jan. 2007 appointing judges at the CFI of the European Communities, O.J. 2007, L 1/19.
38. Council Decision 2007/2/EC, Euratom of 1 Jan. 2007 appointing members of the Court of Auditors, O.J. 2007, L 1/5.
39. Art. 12-13 of the Act. See Council Decision 2007/6/EC of 1 Jan. 2007 appointing Bulgarian and Romanian members and alternate members of the Committee of the Regions, O.J. 2007, L 1/13;
40. Council Decision 2007/3/EC, Euratom of 1 Jan. 2007 appointing the Bulgarian and Ro manian members of the European Economic and Social Committee, O.J. 2007, L 1/6.
41. Commission Opinion on Bulgaria's Application for Membership of the European Union, DOC/97/11.
42. See Shikova, "Status and tendencies in Bulgaria", in Müller-Graff (Ed.), East Central Europe and the European Union: From Europe Agreements to a Member Status (Baden-Baden, 1997), 251.
43. Commission Opinion on Bulgaria's Application for Membership of the EU, cited supra note 34, p. 119.
44. Commission Opinion on Romania's Application for Membership of the EU, DOC/97/18, p. 114.
45. On the concept of approximation of laws and relevant provisions of Europe Agreements see łazowski, "Approximation of laws", in Ott and Inglis, op. cit. supra note 1, p. 633;
46. Evans, "Voluntary harmonisation in integration between the European Community and Eastern Europe", 22 EL Rev. (1997), 201.
47. Commission Opinion on Bulgaria's Application for Membership, cited supra note 34, p. 120.
48. Presidency Conclusions, Helsinki European Council of 10-11 Dec. 1999, Bull. EU 12-1999.
49. See, inter alia, Inglis, "The pre-accession strategy and the accession partnerships", in Ott and Inglis, op. cit. supra note 1, p. 103.
50. Council Regulation (EC) No. 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships, O.J. 1998, L 85/1.
51. Council Decision 1999/857/EC of 6 Dec. 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Bulgaria, O.J. 1999, L 335/48;
52. Council Decision 2002/83/EC of 28 Jan. 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Bulgaria, O.J. 2002, L 44/1;
53. Council Decision 2003/396/EC of 19 May 2003 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Bulgaria, O.J. 2003, L 145/1;
54. Council Decision 1999/852/EC of 6 Dec. 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania, O.J. 1999, L 335/15;
55. Council Decision 2002/92/EC of 28 Jan. 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania, O.J. 2002, L 44/82;
56. Council Decision 2003/397/EC of 19 May 2003 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania, O.J. 2003, L 145/21.
57. See e.g. 1998 Regular Report from the Commission on Bulgaria's progress towards accession, COM(1998)707 final; 1999 Regular Report from the Commission on Bulgaria's progress towards accession, COM(1999)501 final; 2000 Regular Report from the Commission on Bulgaria's progress towards accession, COM(2000)701 final; 2001 Regular Report on Bulgaria's progress towards accession, SEC(2001)1744; 2002 Regular Report on Bulgaria's progress towards accession, COM(2002)700 final; 2003 Regular Report on Bulgaria's progress towards accession, COM(2003)676 final; 2004 Regular Report on Bulgaria's progress towards accession, COM(2004)657 final. All reports are available at: ec.europa.eu/enlargement/index-en.htm.
58. Communication from the Commission to the Council and the European Parliament - Roadmaps for Bulgaria and Romania, COM(2002)624 final.
59. Ibid., p. 2.
60. Banasinski, "The negotiations decision-making machinery", 25 Polish Yearbook of International Law (2001), 69.
61. Presidency Conclusions, Copenhagen European Council of 12-13 Dec. 2002, Bull. EU 12-2002, point. 13.
62. Communication from the Commission. Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, COM(2006)549 final.
63. Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, O.J. 2003, L 236/17.
64. See Hillion, "Can 'widening' serve as a vehicle for 'deepening'? The potential and limits of the use of accession treaties to achieve institutional reform", in Blockmans, Prechal and Douma (Eds.), Reconciling "Deepening" and "Widening" of the European Union (The Hague 2007), forthcoming.
65. In real terms this could have been seen with the annulment by constitutional courts of national legislation on the European Arrest Warrant in Poland and Germany. See łazowski, "Constitutional Tribunal on the surrender of Polish citizens under the European Arrest Warrant. Decision of 27 April 2005", 1 EuConst (2005), 569.
66. See Hillion, "The European Union is dead. Long live the European Union⋯ A commentary on the Treaty of accession 2003", 29 EL Rev. (2004), 583, at 606.
67. See Editorial comment, op. cit. supra note 10, 1499.
68. Ibid.
69. See Blockmans, Tough Love: the European Union's Relations with the Western Balkans (The Hague, 2007) forthcoming.
70. This was one of the points made by the Polish Constitutional Tribunal in its judgment on the European Arrest Warrant and conformity of the implementing legislation with the Polish Constitution. The Tribunal gave the Parliament 18 months to revise the Constitution, making it clear that a failure to do so may result in the application of safeguard clause. See łazowski, op. cit. supra note 52, 569, at 580.
71. Commission Decision 2006/928/EC of 13 Dec. 2006 establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption, O.J. 2006, L 354/56;
72. Commission Decision 2006/929/EC of 13 Dec. 2006 establishing a mechanism for cooperation and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organized crime, O.J. 2006, L 354/58.
73. See recitals 8 of both Decisions.
74. Commission Regulation (EC) No 1962/2006 of 21 Dec. 2006 on application of Art. 37 of the Act of Accession of Bulgaria to the European Union, O.J. 2006, L 408/8.
75. In political terms, there is a bit of paradox there as at the time when the Commission announced the application of the safeguard clause, one of its members (Commissioner Hübner) officially opened a new passenger terminal at the Sofia airport, in large parts financed by the European Union. See Opening of new terminal for Sofia Airport co-financed by the EU, Press Release IP/06/1905.
76. Arts. 1 and 2 of Regulation 1962/2006, cited supra note 50.
77. See Inglis, "The accession treaty and its transitional arrangements: A twilight zone for the new Members of the Union", in Hillion op. cit. supra note 1, p. 77 at p. 106-107.
78. On the immediate effect of EU law see, inter alia, Kaleda, "Immediate effect of Community law in the new Member States: Is there a place for a consistent doctrine?", 10 ELJ (2004) 102.
79. See e.g. Council Regulation (EC) No 1791/2006 of 20 Nov. 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, O.J. 2006, L 363/1;
80. Council Directive 2006/110/EC of 20 Nov. 2006 adapting Directives 95/57/EC and 2001/109/EC in the field of statistics, by reason of the accession of Bulgaria and Romania, O.J. 2006, L 363/418;
81. Decision 2006/881/CFSP of the Representatives of the Governments of the member States meeting within the Council, of 30 Nov. 2006 adapting Decision 96/409/CFSP on the establishment of an emergency travel document, in order to take account of the accession of Bulgaria and Romania to the European Union, O.J. 2006, L 363/422.
82. Art. 53(2) of the Act.
83. From the day of accession, Bulgarian and Romanian courts have the jurisdiction to submit preliminary ruling references to the ECJ. Neither of the two countries has recognized the jurisdiction of the ECJ to hear references based on Art. 35 TEU.
84. In the case of Bulgaria, the number was 51%, in the case of Romania 47%. See Communication from the Commission: Monitoring Report on the state of preparedness for EU membership of Bulgaria and Romania, cited supra note 49, p. 32 and 51 respectively.
85. Case C-161/06, Skoma-Lux sro v. Celnímu reditelství Olomouc, pending at the time of writing, registration note in O.J. 2006, C 121/9.
86. See łazowski, "Implementation of the Third Pillar acquis. A challenge for the applicant countries?", in Kerchove and Weyembergh (Eds.), Sécurité et Justice: Enjeu de la Politique Extérieure de l'Union Européenne (Brussels, 2003), p. 157.
87. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant, O.J. 2002, L 190/1. On the EAW see, inter alia, Blekxtoon and van Ballegooij (Eds.), Handbook on the European Arrest Warrant (The Hague, 2004).
88. This included the Schengen acquis and EMU-related matters. As with the Accession Treaty 2003, a step by step approach is envisaged for Bulgaria and Romania (Arts. 4-5 of the Act). See inter alia Borissova, "The adoption of the Schengen and the Justice and Home Affairs acquis: The case of Bulgaria and Romania", 8 EFA Rev. (2003), 105.
89. For a general overview, see Report on the Results of the Negotiations on the Accession of Bulgaria and Romania to the European Union, European Commission Doc. No. 5859/05.
90. "At the duly substantiated request of Bulgaria or Romania submitted to the Commission no later than the date of accession, the Council acting on a proposal from the Commission, or the Commission, if the original act was adopted by the Commission, may take measures consisting of temporary derogations from acts of the institutions adopted between 1 October 2004 and the date of accession. The measures shall be adopted according to the voting rules governing the adoption of the act from which a temporary derogation is sought. Where these derogations are adopted after accession they may be applied as from the date of accession."
91. Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, O.J. 1994, L 358/3;
92. Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Romania, of the other part, O.J. 1994, L 357/2.
93. Intergovernmental Conference on the Accession of the Republic of Bulgaria to the European Union. Negotiating Position on Chapter 2: "Freedoms of Movement of Persons", CONFBG 37/01 and 23/02.
94. This intended to progressively reduce the old Member States' power to adopt restrictive measures. For a legal appraisal of the provisions on temporary restrictions to free movement of workers see Dougan, "A spectre is haunting Europe⋯ Free movement of persons and Eastern enlargement", in Hillion op. cit. supra note 1, p. 111;
95. Adinolfi, "Free movement and access to work of citizens of the new Member States: The transitional measures", 42 CML Rev. (2005), 469.
96. See Kubusova, "Hungary first EU newcomer to restrict Balkan job seekers", EUobserver, 21 Dec. 2006.
97. Para 1.14 of Annex VI to the Act (Bulgaria);
98. Para. 1.14 of Annex VII to the Act (Romania).
99. Regulation (EEC) No. 1612/68 of the Council of 15 Oct. 1968 on freedom of movement for workers within the Community, O.J. 1968, L 257/2 (English special edition).
100. The review will be conducted by the Council on the basis of a report submitted by the European Commission. A further review may be requested by Bulgaria or Romania.
101. Para 1.7 of Annex VI to the Act (Bulgaria);
102. Para 1.7 of Annex VII to the Act (Romania).
103. The procedure may be initiated by any of the existing Member States of the European Union. It shall inform the European Commission and other Member States and supply them with all relevant details. It may request the European Commission to adopt a decision suspending fully or partly the application of Council Regulation 1612/68/EEC. The European Commission shall reach the decision within two weeks. If the suspension decision is adopted, it shall specify the duration and scope of restrictions. Annulment or amendment of the decision may be requested by any Member State within two weeks of the adoption of the decision in question. The Council will have two weeks for reaction and its decision will be taken by a qualified majority.
104. This possibility may be used provided that at least one of the existing Member States imposes restrictions aimed at Bulgaria or Romania.
105. See also Joint declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Bulgaria and Romania (Annexed to the Final Act).
106. Para 1.2 of Annex VI to the Act.
107. "The European Union stresses the strong elements of differentiation and flexibility in the arrangement for the free movement of workers. Member States shall endeavour to grant increased labour market access to Bulgarian nationals under national law, with a view to speeding up the approximation to the acquis. As a consequence, the employment opportunities in the European Union for Bulgarian nationals should improve substantially upon Bulgaria's accession. Moreover, the EU Member States will make best use of the proposed arrangement to move as quickly as possible to the full application of the acquis in the area of free movement of workers."
108. Intergovernmental Conference on the Accession of the Republic of Bulgaria to the European Union. Negotiating Position on Chapter 4: "Free Movement of Capital", CONF-BG 35/00.
109. Ibid., at pp. 4-5.
110. See, inter alia, Albi, EU Enlargement and the Constitutions of Central and Eastern Europe (Cambridge, 2005), 109;
111. Tanchev, "National constitutions and EU law: Adapting the 1991 Bulgarian Constitution in the accession to the European Union", 6 EPL (2000), 229.
112. Tanchev, "Constitutional amendments due to Bulgarian full EU membership", in Kellermann, de Zwaan and Czuczai (Eds.), EU Enlargement. The Constitutional Impact at EU and National Level (The Hague, 2001), p. 301, at 307.
113. Commission Opinion on Bulgaria's Application for Membership of the European Union, DOC/97/11, at p. 47.
114. The new version of Art. 22 of the Constitution of Bulgaria reads: "(1) Foreigners and foreign legal persons may acquire property over land under the conditions ensuing from Bulgaria's accession to the European Union, or by virtue of an international treaty that has been ratified, published and entered into force for the Republic of Bulgaria, as well as through inheritance by operation of the law. (2) The law ratifying the international treaty referred to in paragraph 1 shall be adopted by a majority of two-thirds of all members of the Parliament. (3) The land regime shall be established by law." The translation of the complete text of Bulgarian Constitution is available at the official website of the National Assembly of Bulgaria, at: www.parliament.bg.
115. Para 3.2 of Annexes VI and VII to the Act.
116. Available at: www.kznpp.org/eng/main.php?cont=1.
117. On Europe Agreements and energy, see inter alia Hattig, "Energy", in Ott and Inglis (Eds.), op.cit. supra note 1, p. 947.
118. See also Communication from the Commission to the Council and the European Parliament on nuclear sector related activities for the applicant countries of Central and Eastern Europe and the New Independent States, COM(98)134 final; Communication from the European Commission to the Council and the European Parliament, Commission support to nuclear safety in the Newly Independent States and in Central and Eastern Europe, COM(2000)493 final.
119. The support of the European Community in particular provides measures in support of decommissioning, environmental upgrading, modernization of conventional energy production, measures to improve energy efficiency and measures to improve the security of the energy supply. See Art. 30(2) of the Act.
120. Art. 30(2) of the Act. The assistance may be made available via the Kozloduy International Decommissioning Support Fund. It should be noted that the first financial assistance dates back to the early 1990s, when it was provided within the framework of the Phare programme.
121. See also Communication from the Commission to the Council and the European Parliament, Commission support to nuclear safety in the Newly Independent States and Central and Eastern Europe, cited supra note 97.
122. For a legal appraisal of the latter, see Inglis, "The Union's fifth accession Treaty: New means to make enlargement possible", 41 CML Rev. (2004), 937, at 940-945.
123. Detailed rules on agreements on textiles, steel and steel products as well as fisheries are contained in Art. 6, paras. 7-9 of the Act.
124. Art. 6(4) of the Act.
125. Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, O.J. 2002, L 114/6;
126. See also łazowski, "Switzerland" in Blockmans and łazowski, op. cit. supra note 5, p. 147, at 173-181.
127. Partnership Agreement between the members of the African, Caribbean and Pacific Group of States on the one part, and the European Community and its Member States, of the other part, O.J. 2000, L 317/3.
128. Agreement on the European Economic Area, O.J. 1994, L 1/1. See łazowski, "EEA Countries (Iceland, Liechtenstein and Norway)" in Blockmans and łazowski, op. cit. supra note 5, p. 95, at 104-107.