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.
General
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