New PDF release: Community Law in the French Courts: The Law of Treaties in

By Eric E. Bergsten

ISBN-10: 9401500347

ISBN-13: 9789401500340

ISBN-10: 9401505039

ISBN-13: 9789401505031

The eu groups are just twenty years previous. crucial of the 3 groups, the ecu financial neighborhood (EEC), is even more youthful, having come into lifestyles in 1958. 1 twenty years were not often adequate time to have greater than reached, less settled, the imporĀ­ tant questions of the connection among group legislation and associations and people of the Member States. one of the so much tough of the questions is the level to which the courts of the Member States will satisfy the duty of safeguarding the rights created through the Treaty of Rome in want of personal individuals, either indiviĀ­ twin and company, a duty which the courtroom of Justice of the ecu groups has acknowledged rests upon the nationwide courts. This legal responsibility flows evidently, notwithstanding no longer unavoidably, from the dedication of the court docket of Justice to an efficient neighborhood. notwithstanding, the outcome depends upon that dedication, and there's a average crisis that the nationwide courts won't proportion the dedication to an efficient neighborhood to a point essential to satisfy their tasks below neighborhood legislations as these duties were outlined through the court docket of Justice. so that it will fu1fi11 their responsibilities to neighborhood legislations the courts of the Member States must remedy a few severe difficulties, and do it with relatively little aid from the courtroom of Justice.

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Additional info for Community Law in the French Courts: The Law of Treaties in Modern Attire

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The decision in Prince Napoleon was enthusiastically welcomed for, as was said a few years later by the commissaire du gouvernement Gomel in one of the many cases before the Tribunal des Conflits involving the expulsion of the Jesuits, if the "political motive" for which an action was taken waf> sufficient to determine that it was an Act of Government, "it would be enough for the administration to proclaim that any interference that it brings to the liberty or property of this or that class of citizens is a measure of high policy in order for the citizens thus injured in the rights assured to them by the laws to be deprived of every means of recourse.

The origins of the theory of the acte clair go back to the bifurcated nature of the French legal system. 65 It was inevitable that questions of administrative law would arise in proceedings in the courts and that questions of civil law would arise in the Conseil d'Etat. However, the Conseil d'Etat was a part of the administration rather than of the judiciary and the doctrine of the separation of powers dictated that neither the courts nor the administration, including the Conseil d'Etat, could decide questions of law arising out of the other legal system.

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.

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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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