Henry G. Schermers's Judicial Protection in the European Communities PDF

By Henry G. Schermers

ISBN-10: 9065440518

ISBN-13: 9789065440518

ISBN-10: 9401744122

ISBN-13: 9789401744126

At head of identify: Europa Instituut, college of Leiden.

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Extra info for Judicial Protection in the European Communities

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48a. As part of Community law, such legal principles can be used only to control the legality of Community acts. National laws must be in conformity with national constitutional requirements and with international obligations undertaken by the State concerned, such as the European Convention on Human Rights. But there is no formal requirement prescribing that national legislation should be in conformity with general principles of Community law. There seems to be, however, a tendency to expand the scope of the most important principles of the Community legal order to cover the execution of rules of Community law even if such execution is left to the competence of the Member-States.

42 Lorenz Case, see below, § 76. 43 Reich Case, see below, § 105. 44 Mills Case (110/75), second judgement, 17 Nov. 1976, consideration 26, [1976] ECR 1626. 38 16 TREATY PROVISIONS § 23. 45 d. TELEOLOGICAL INTERPRETATION § 23. Although at fIrst the Court was more strict, after gradually establishing its position it has increasingly used interpretations based on the purposes of the Community Treaties. 46 It does not rely merely on the wording, the background or even the context of the provisions concerned, but chooses the interpretation which best serves the purpose for which the provision was made.

The Court held that the directive did not require judicial review and that, therefore, the question had to be left to the national laws of the Member States. Aparently, the Court did not accept a general principle of Community law requiring judicial review of national measures taken in order to execute Community rules. 101 b. REGULATORY RULES § 49. The purpose of employing general principles common to the laws of the Member States is to provide a solution in the event of a lacuna. To this end, it should not be a prerequisite that the principle exists in each of the Member States.

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Judicial Protection in the European Communities by Henry G. Schermers


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