Abstract:

The Ankara Agreement is an association agreement in terms of Article 238 of the EEC Treaty, i.e. an agreement with a European country. It has been negotiated by the Community, signed by the parties and ratified by Turkey and the Community Member States in accordance with the procedure laid down in the above-mentioned article. According to its nature an association agreement is a sui generis international treaty and according to EC law it signifies less than admission to the Community but more than a mere trade agreement. This special characteristic will be seen more clearly in the light of the interpretation and application of the Ankara Agreement. However it is a regular international commitment binding the parties thereto, i.e. Turkey, on one hand and the Community as well as the Member States, on the other. In that respect it creates reciprocal rights and obligations within its own terms. However, unlike an accession treaty whose function is to admit a state to the Community it does not create automatically and directly rights and obligations applicable to private parties i.e. individuals and corporations. Therefore, its peculiarities apart, an association agreement is for all intents and purposes a treaty-contract in the classical sense of International Law.

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