The European Courts and National Courts: Doctrine and - download pdf or read online

By Anne-Marie Slaughter, Alec Stone Sweet, Joseph H. H. Weiler

ISBN-10: 1847311512

ISBN-13: 9781847311511

ISBN-10: 1901362264

ISBN-13: 9781901362268

The essays comprising this quantity are the result of a big and targeted undertaking which appears to be like intimately on the program of EC legislation by way of nationwide courts and the interplay of the calls for of EC legislations with the restrictions imposed via nationwide felony orders and, specifically, nationwide constitutional orders. the amount contains seven kingdom reports that are formed round a typical study protocol. those are supplemented via 3 cross-cutting reports which draw at the kingdom experiences in addition to on broader contextual examine paintings aimed toward attempting to comprehend the position of the eu courtroom of Justice within the around. the result of this multi-national examine are guaranteed to galvanize common curiosity between students of eu legislations, overseas legislation and eu politics, for they give the 1st systematic and rigorous try and verify the influence of the ECJ one of the best member states of the ecu Union.

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Additional info for The European Courts and National Courts: Doctrine and Jurisprudence

Sample text

Indeed, he asserted that:73 “The international legal order and the state’s legal order are not separated, and must be considered as spheres of the general legal order . . law can only be single (unique), under pain of not being”.

Accordingly, the first part prepares the way for the second by narrating the parallel and chronological evolution of those actors. DOCTRINAL REVIEW The direct applicability of international treaties is a concept with two different meanings which are very often confused in both doctrine and jurisprudence. The first meaning refers to the conditions of applicability in the municipal system. Apart from rules requiring public notice, these pertain chiefly to constitutional requirements concerning reception in the domestic legal order.

17 It will be shown hereafter that the assimilation of direct effects senso stricto with domestic effects has often been done while dealing with the issue of primacy, see pp. 13, 16. 18 Hayoit de Termicourt (1963), 483. , 1964, I, 849. 501. More recently, see also CE, 12 April 1989, Group. unions prof. , 1989, 58. 21 See p. 14 below. , 1991, I, 392. In the same way, also see Lejeune (1994), 320. 23 See p. 20 below. 15. 25 Coppens (1990), 611; Ergec (1986), 104; Leroy (1990), 197 and 198; Salmon (1971); 535.

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The European Courts and National Courts: Doctrine and Jurisprudence by Anne-Marie Slaughter, Alec Stone Sweet, Joseph H. H. Weiler


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