By Alan Dashwood, Angela Ward, John Spencer, Christophe Hillion
This e-book offers a brand new discussion board for the scrutiny of vital matters in eu Union legislations, the legislations of the Council of Europe, and Comparative legislation with a "European" measurement, and especially these that have come to the fore throughout the 12 months previous booklet. The contributions showing within the assortment are commissioned through the Centre for eu felony experiences (CELS) Cambridge. The papers awarded are all on the innovative of the fields which they handle, and mirror the perspectives of famous specialists drawn from the college global, criminal perform, and the civil providers of either the european and its Member States. Inclusion of the comparative measurement brings a clean point of view to the learn of ecu legislation, and highlights the consequences of globalization of the legislations extra normally, and the ensuing move fertilization of norms and ideas that has happened between formerly sovereign and separate felony orders. The Cambridge Yearbook of eu felony stories is a useful source for these wishing to maintain speed with felony advancements within the fast paced global of ecu integration.
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Additional resources for Cambridge Yearbook of European Legal Studies. Volume 03, 2000
They cannot really be planned for today. We have, in any event, enough to consider with 15 going on 20 and more than a glance at 26, and in so considering we cannot begin with a blank sheet of paper. We have to start from where we are, from what we have got. And so to return to the beginning. If it was not obvious how the legal system would evolve, it was obvious that some form of adjudication, some court system was necessary. The treaty had to be interpreted: its application monitored. There were bound to be disputes between the Member States and the institutions—as to whether the States were complying with their obligations, the institutions exceeding their powers—between the Member States themselves.
In the end, it seems to me, that this is not a solution except where specialised tribunals, such as the intellectual property tribunals, are concerned. It would in any event be difficult to provide for an appeal from the CFI to the ECJ since the reference is by the Court and not by the parties and the division between the two Courts could have the effect of harming the dialogue which goes on between the national judge and the ECJ. I do not therefore think that this is a solution to the problem.
To go back to the 3 4 LORD SLYNN OF HADLEY beginning, should we even now adopt something resembling the American system. A two-part parallel court structure. It would have the advantage that specialised courts would at all stages deal with Community law: it might, I do not say it would, lead to a stronger constitutional court prepared to insist on the importance of centralist principals in the Union. It would, however, be a complete reversal of the principle that national judges are also Community law judges able to call on a central court for guidance on interpretation.