By L J Schermers, H G Brinkhorst
Where rights are conferred and tasks imposed, the place powers are exercised and obedience to ideas of legislations required, judicial treatments are an absolute necessity. This assertion was once legitimate in 1969 while the 1st variation of this ebook seemed, it truly is much more so now. notwithstanding the political dynamism of the groups has slackened, the quantity and impression in their felony ideas continues to be turning out to be. training attorneys must be accustomed to the probabilities for criminal redress whilst principles of group legislations are violated. yet curiosity within the judicial treatments on hand within the ecu groups isn't limited to them by myself. a few of the criminal difficulties of the ecu groups are difficulties which any supranational association will come upon. Any pupil of foreign institutional legislation will reap the benefits of a examine of the judicial treatments on hand within the ecu groups. additionally, the topic types a desirable department of comparative legislation. the various strategies followed within the eu groups should be considered as as a result of an extended improvement of administrative law.
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Extra info for Judicial Remedies in the European Communities: A Case book
Mon. Belge 21 March 1968. 31 ACTIONS AGAINST MEMBER STATES 'The procedure for a declaration of failure to fulfil obligations is one initiated by the Commission against a Member State under Articles 169 and 171 of the Treaty. It does not require the violated provision to be 'self-executing'. It does not concern the rights of individuals which citizens may elicit from a 'self executing' provision and enforce before internal courts. The State's argument fails to take into account that the aforesaid Article 12 has such a character.
Moreover, in its reasoned opinion issued on 11 December and conveyed to the defendant on 16 December 1963, the Commission invited the Italian Republic to terminate by 31 December 1963 at the latest the grant of a repayment which, for the reasons set out therein, contravened Article 96 of the Treaty. The purpose of the reasoned opinion was therefore, first, to establish that the Italian Government had failed to fulfil an obligation under the Treaty and, secondly, to warn the defendant not to continue such alleged infringement beyond the date indicated, either by a measure continuing the existing legislation or by similar future legislation.
In such cases interested parties should invoke these rules directly before the municipal courts. The argument probably referred to the principle of international law : a State cannot be considered at fault as long as its own internal remedies have not been exhausted. The Court held: '(8) Although this submission is out of time it relates to the jurisdiction of the Court of Justice and must be examined by the Court of its own motion. (9) A failure to act, like a positive act, may constitute a failure on the part of a Member State to fulfil an obligation.
Judicial Remedies in the European Communities: A Case book by L J Schermers, H G Brinkhorst