Community Law in the French Courts

The Law of Treaties in Modern Attire

  • Authors
  • Eric E. Bergsten

Table of contents

  1. Front Matter
    Pages i-xi
  2. Eric E. Bergsten
    Pages 1-19
  3. Eric E. Bergsten
    Pages 20-50
  4. Eric E. Bergsten
    Pages 51-101
  5. Eric E. Bergsten
    Pages 102-131
  6. Eric E. Bergsten
    Pages 132-141
  7. Back Matter
    Pages 143-145

About this book

Introduction

The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor­ tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi­ dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

Keywords

Europe interpretation justice law Legislation organization social security

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-015-0503-1
  • Copyright Information Springer Science + Business Media B.V. 1973
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-94-015-0034-0
  • Online ISBN 978-94-015-0503-1
  • About this book