European Agencies’ Headquarters Agreements

Abstract

The article examines headquarters agreements concluded by European Agencies (EA) with EU host Member States. This sort of agreement is increasingly visible in practice, as it regulates the status of EAs present within a host state territory. After presenting a list of existing headquarters agreements and describing their content, the article analyses the legal bases for their conclusion. Finally, the legal character of EU agencies’ headquarters agreements, and the position occupied by them within the sources of EU law, are explained. The author considers three possible options regarding the legal nature of the agreements: treaties, administrative agreements and public law contracts. The final conclusion is that EA headquarters agreements are international treaties concluded by EAs in the name of the EU with host Member States.