This type of legally binding act is no longer used since the Treaty of Lisbon came into force December 2009. By means of this type of agreement the Member States expressed their cooperation in one of four policy areas the EU had very few competences, or none.
Area of application
Agreements between Member States were binding, yet the manner in which they were varied per individual agreement. Each agreement stipulated whether it was directly applicable or provided strict guidelines on how to transpose it into national legislation.
The four policy areas that Agreements between Member States was used for all dealth with matters concering strengthening the legal security of European citizens.
Agreements between Member States were not part of the 'acquis communautaire' and Community Law. As such, the European Court of Justice had no jurisdiction over these agreements. The Member States could add a protocol to an Agreement between Member States granting the Court jurisdiction to rule on the interpretion of the agreement.
Adopting Agreements between Member States
Member States negotiated and signed such agreements outside of EU decisionmaking-processes.
The Agreement between Member Statets is no longer in use.