Advertisement

The EUT: Legal Problems

Chapter
  • 2 Downloads

Abstract

From a legal point of view the draft EUT represents an exciting attempt to find solutions to those issues which have given rise to legal problems during the thirty years of the existence and development of the EC system. By returning to basic principles, the drafters, who were assisted by four distinguished Community lawyers,1 have put forward institutional solutions to some of the more intractable political difficulties in the path of integration within the EC. They have also attempted to solve, or to provide means for solving, some of the outstanding problem areas of the EC legal order and in so doing have taken the opportunity to codify many of the principles of Community law which have been developed by the Court of Justice but which are not to be found in the EEC Treaty.

Keywords

Member State National Court Legal Order Legal Problem Vienna Convention 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Preview

Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

Notes

  1. 8.
    E. Stein and G. J. Vining, ‘Citizen Access to Judicial Review of Administrative Action in a Transnational and Federal Context’, American Journal of International Law, vol. 70 (1976) 219–41.CrossRefGoogle Scholar
  2. 9.
    H. Rasmussen, ‘Why is Article 173 Interpreted against Private Plaintiffs?’, European Law Review, 5 (1980) 112–27.Google Scholar
  3. 10.
    P. Pescatore, ‘Reconnaissance et contrjudiciaire des actes du Parlement européen’, Revue Trimestrielle du Droit Européen (1978) 581–94.Google Scholar
  4. 12.
    N. Brown and F. G. Jacobs, The Court of Justice of the European Communities (London: Sweet & Maxwell, 1983) pp. 268–74.Google Scholar
  5. 14.
    J. A. Usher, European Court Practice (London: Sweet & Maxwell, 1983).Google Scholar
  6. 18.
    F. G. Jacobs, The European Convention on Human Rights (Oxford University Press, 1980) p. 269.Google Scholar
  7. 22.
    I. Brownlie, Principles of Public International Law (Oxford: Clarendon Press, 1979).Google Scholar
  8. 32.
    A. J. Easson, ‘Can Directives Impose Obligations upon Individuals?’, European Law Review, 4 (1979) 67.Google Scholar
  9. 38.
    J. Bridge, ‘Procedural Aspects of the Enforcement of European Community Law through the Legai Systems of the Member States’, European Law Review 9 (1984) 28.Google Scholar
  10. 42.
    D. Freestone, ‘The EEC Treaty and Common Action on Terrorism’, Yearbook of European Law 4 (1984) 207–30.CrossRefGoogle Scholar
  11. 45.
    H. Smit and P. Herzog, The Law of the European Economic Community (New York: Matthews Bender, 1976) pp. 6–294.Google Scholar
  12. 46.
    P. J. G. Kapteyn and P. VerLoren van Themaat, Introduction to the Law of the European Communities (London: Sweet & Maxwell, 1973) p. 72.Google Scholar
  13. 50.
    D. W. Bowett, The Law of International Institutions (London: Stevens, 1983).Google Scholar
  14. 53.
    S. A. De Smith, Constitutional and Administrative Law (Harmondsworth: Penguin, 1981).Google Scholar
  15. 66.
    Stephan Schepers, ‘The Legal Force of the Preamble of the EEC Treaty’, European Law Review (1981) p. 356.Google Scholar
  16. 71.
    E. Grabitz and B. Langeheine, ‘Legal Problems Related to a Proposed “Two-Tier System” of integration within the European Community’, Common Market Law Review, 18 (1981) 33–48.Google Scholar

Copyright information

© Juliet Lodge 1986

Authors and Affiliations

There are no affiliations available

Personalised recommendations