Community Law in the French Courts: The Law of Treaties in by Eric E. Bergsten PDF

By Eric E. Bergsten

ISBN-10: 9401500347

ISBN-13: 9789401500340

ISBN-10: 9401505039

ISBN-13: 9789401505031

The eu groups are just 20 years previous. an important of the 3 groups, the ecu monetary neighborhood (EEC), is even more youthful, having come into lifestyles in 1958. 1 20 years were not often sufficient time to have greater than reached, less settled, the impor­ tant questions of the connection among neighborhood legislations and associations and people of the Member States. one of the so much demanding of the questions is the level to which the courts of the Member States will satisfy the duty of safeguarding the rights created by way of the Treaty of Rome in prefer of non-public folks, either indivi­ twin and company, a duty which the courtroom of Justice of the eu groups has acknowledged rests upon the nationwide courts. This legal responsibility flows clearly, although now not unavoidably, from the dedication of the court docket of Justice to a good neighborhood. in spite of the fact that, the outcome will depend on that dedication, and there's a average difficulty that the nationwide courts would possibly not percentage the dedication to a good group to some extent essential to satisfy their responsibilities lower than neighborhood legislation as these responsibilities were outlined by way of the court docket of Justice. to be able to fu1fi11 their responsibilities to group legislation the courts of the Member States must clear up a few severe difficulties, and do it with relatively little support from the court docket of Justice.

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Extra resources for Community Law in the French Courts: The Law of Treaties in Modern Attire

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Dr. Pub. 781 (1952) (note Waline, conc!. Letourneur). For a discussion of extradition in the criminal courts during the nineteenth century, see Chapter III. TREATIES IN THE CONS ElL D'ETAT 37 increasing numbers of acts have been considered "detachable" and, therefore, subject to the jurisdiction of the Conseil d'Etat or other administrative tribunals. In 1955, for example, the Conseil d'Etat held for the first time that the decision of a French claims commission was detachable from the lump sum settlement agreement which it was implementing and could, therefore, be subjected to review by the administrative courts.

29 This concern appears time and time again to limit the jurisdiction of the courts in respect to matters which have political overtones. A third consideration of particular relevance to the field of foreign affairs is that an untoward decision might interfere unduly with the Government's foreign policy. While this is a concern which can easily be carried to an extreme, it is not one which can be ignored. 30 •• Other than those acts which are denominated Acts of Government, the executive can currently take no actions which are not subject to the control of the Conseil d'Etat.

557. 1. S. 1789-1830. L. 737. 14 Bacri v. Le Brave, Conseil d'Etat, July 17, 1816, S. 2. 174, Jour. Pal. A. 1814-19. 241. 18 The Consei1 d'Etat would not accept jurisdiction on the complaint of a private party either to enforce a treaty against the Government or to enforce some other rule in the face of a conflicting treaty. However, it would recognize the existence of a treaty when that was necessary in order to uphold the action of the Government in the face of otherwise applicable rules. During the Second Empire that which had been implicit in the earlier decisions involving treaties or the imperial family became explicit.

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Community Law in the French Courts: The Law of Treaties in Modern Attire by Eric E. Bergsten


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