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  • Chapter 2 - Reciprocity and Direct Effect

  • from Part I - Law
  • Edited by Hanna Eklund, University of Copenhagen
  • Book:
    Colonialism and the EU Legal Order
    Published online:
    14 October 2025
    Print publication:
    18 September 2025, pp 43-61
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  • Summary

    The Bresciani case is one of a group of early cases in which the legal effect of Community agreements, and their nature as a source of law, was considered. This chapter explores the way in which the specific context of the Bresciani case, the trade relations established by the Yaoundé Conventions between the Community and some of its former colonies, influenced the Court’s presentation of direct effect in Bresciani itself and raised questions about the relationship between direct effect and the reciprocal (or non-reciprocal) nature of a trade agreement, in particular those founded on relationships of integration with the EU. The type of non-reciprocity found in the Yaoundé Conventions, established in Bresciani to be compatible with direct effect, is no longer a feature of EU trade agreements, but the EU-centricity of Yaoundé is a continuing characteristic of agreements based on integration with the EU model. The postcolonial context specific to Yaoundé becomes part of the broader legal context of these integration-led agreements, helping to clarify the part played by reciprocity in interpreting the EU’s international relationships.