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

By Eric E. Bergsten

ISBN-10: 9401500347

ISBN-13: 9789401500340

ISBN-10: 9401505039

ISBN-13: 9789401505031

The ecu groups are just 20 years previous. an important of the 3 groups, the eu monetary neighborhood (EEC), is even more youthful, having come into life in 1958. 1 20 years were hardly ever adequate time to have greater than reached, less settled, the impor­ tant questions of the connection among group legislations and associations and people of the Member States. one of the such a lot hard of the questions is the level to which the courts of the Member States will satisfy the duty of safeguarding the rights created by means of the Treaty of Rome in prefer of non-public individuals, either indivi­ twin and company, a duty which the court docket of Justice of the eu groups has acknowledged rests upon the nationwide courts. This legal responsibility flows evidently, although now not inevitably, from the dedication of the courtroom of Justice to a good neighborhood. in spite of the fact that, the outcome is determined by that dedication, and there's a average drawback that the nationwide courts won't proportion the dedication to a good neighborhood to a point essential to satisfy their duties lower than group legislations as these tasks were outlined by way of the court docket of Justice. so as to fu1fi11 their duties to neighborhood legislation the courts of the Member States must remedy a few severe difficulties, and do it with relatively little support from the court docket of Justice.

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33. 68 Rev. Dr. Pub. 781 (1952) (note Waline. concl. Letoumeur). 77 I Odent, Contentieux adminIstratif. 1965-66 at 232-33 (1966). 78 Societe indochinoise d'electricite. July 15. 1961. Rec. Cons. d'Et. 1961. 519. 79 Argence. Conseil d'Etat. Feb. 14. 1962, Rec. Cons. d'Et. 1962. 107. 80 Laurent. Conseil d'Etat. April 23. 1963. Rec. Cons. d'Et. 1963,247. 81 Prince Silman bey. Conseil d'Etat. March 16. 1962. D. 1962. Jur. 745 (note Silvera) . •• Reiected as a grounds for liability of the state in LevY.

Ironically, the Government has never brought a matter to the Tribunal des Conftits in which it alleged that the Conseil d'Etat was improperly considering an Act of Government. I Odent, Contentieux administratif, 1965-66 at 443. "86 The list of such acts was limited in his view to those discretionary powers which the Government has (I) from the constitutional laws, when they exist, for the regulation and execution of diplomatic conventions, (2) from the laws concerning the police power and especially those relating to martial law, and (3) from the extraordinary laws designed to protect the regime against the anticipated attempts to regain power by the princes belonging to the former royal families.

Conseil d'Etat. Nov. 26, 1875. P. 1876. 3. 41. •• Cadot. Conseil d'Etat. Dec. P. 1891. 3. 41 (concl. Jagerschmidt). S. 3. 17 (note Hauriou) . •• Casanova, Conseil d'Etat. P. 34. S. 1901. 3. 73 (note Hauriou) . • , Chemins de fer de l'Est. Conseil d'Etat. Dec. P. 1909. 3. 57 (concl. Tardieu), S. 1908. 3. I (note Hauriou, concl. Tardieu), 25 Rev. Dr. Pub. 38 (note Jeze) (1908). TREATIES IN THE CONSEIL D'ETAT 27 all actions taken by the executive whether those actions were individual or general, unless the action was an Act of Government.

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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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