Formal requirements
What are the formal requirements to be fulfilled in order for an agreement concluded under Article III.5(a) to be effective? The case law of the Court indicates a willingness on the part of the Court to be rather flexible with respect to formal requirements. In U 14/04, the Court considered the signatures of the prime ministers of both Entities, which had been preceded by decisions of the Entity legislatures consenting to such signatures, to be sufficient.2662 On the basis of a more recent decision, it may be argued that the signatures of the prime ministers alone would be sufficient.2663
Footnotes
U 14/04, paragraphs 26-28.
See U 17/05, paragraph 17. The agreement assessed in this case had been concluded pursuant to Article III.3(b). It remains to be seen whether the views of the Court expressed in U 17/05 would remain, should the Court be requested to assess the validity of an agreement concluded under Article III.3(a).