When national procedural autonomy meets the effectiveness of Community law, can it survive the impact?

ERA Forum ◽  
2008 ◽  
Vol 9 (2) ◽  
pp. 245-258 ◽  
Author(s):  
Leo Flynn
Keyword(s):  
Community Law ◽  
Procedural Autonomy ◽  
The Impact

The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general.Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.

STATE AID AND BANKING ACTIVITIES: THE IMPACT OF EUROPEAN COMMUNITY LAW

1996 ◽  
Vol 4 (4) ◽  
pp. 349-356
Author(s):  
MARC DASSESSE
Keyword(s):  
European Community ◽  
State Aid ◽  
Community Law ◽  
The Impact ◽  
European Community Law

The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general. Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.

Acquiring Rights - Losing Power: A Case Study in Ministerial Resistance to the Impact of European Community Law

1997 ◽  
Vol 60 (1) ◽  
pp. 23-43 ◽  
Author(s):  
Mike Radford ◽  
Allan Kerr
Keyword(s):  
European Community ◽  
Community Law ◽  
The Impact ◽  
European Community Law

Balancing Culture and Competition: State Support for Film and Television in European Community Law

2008 ◽  
Vol 10 ◽  
pp. 35-67 ◽  
Author(s):  
Rachael Craufurd Smith
Keyword(s):  
European Community ◽  
Legal System ◽  
Culturally Relevant ◽  
State Support ◽  
Community Law ◽  
Goods And Services ◽  
Film And Television ◽  
Competition State ◽  
The Impact ◽  
European Community Law

Although the european Community Treaty does not contain a specific chapter or article dedicated to the audiovisual sector, European Community law has had a significant impact on the way in which Member States regulate their film and television industries. Given the commercial nature and international reach of many media goods and services this should not be surprising, but Community oversight has here been particularly controversial because of the importance ascribed to cultural and political considerations. This article examines how such considerations have been accommodated within the European Community legal system and the impact that Community law has had on domestic audiovisual policies in practice. It focuses on those measures introduced by states to support their domestic film and television industries and to ensure that domestic audiences have access to films and television programmes that are culturally relevant and meaningful.

(d) the relationship between differing Community rights and obligations; (e) following and considering the arguments put forward; (f) a consideration of the impact of the case on Community law and the English legal system. This reading gives you an opportunity to see where you are in your understanding of these matters. Van Gend en Loos was decided early in the development of Community law and remains a leading case on the potential legal effect of an article in one of the founding treaties in the legal system of Member States. 5.6.2 The initial reading It is always a good idea to quickly read documents before a more considered reading, as long as you know why you are reading them. So, please now turn to Appendix 2 and read the case quickly (note that the numbers in brackets from (1)–(97) have been placed in the case to assist you with later work on it. Just ignore them for now). Once you have read the case quickly and have a general idea of what it is about, read it a second time, more slowly, and then answer the following questions: (1) In no more than 50 words, state the facts of the case (the fewer words the better). (2) What does Vand Gend en Loos want the court to allow? (3) What has to be decided before Vand Gend en Loos can get what they want? (4) What is the rationale behind the decision? (5) What are the legal issues in the case? (6) Do you find the language of the case difficult, or the case itself difficult to read? Give reasons for your answer. 5.6.3 The second reading: the tabulated micro-analysis of the case What you may have noticed in your reading of the case and subsequent answering of the questions is that the language of the law report is very different in style to that of an English law report. You are reading a translation of the working language of the EU, which is French not English, although all languages have equal status within the Community. What you will have immediately noticed is that the report reads as a series of descriptions and assertions. You will not find the reasoned, illustrative argumentative techniques that are the more familiar to the common law lawyer. Think, for example, of the case of Mandla v Dowell Lee [1983] 1 All ER 162 or George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 2 All ER 732–44. To assist you to methodically engage with this case, it has been broken down into a table style format that takes you through each paragraph. The paragraphs have been numbered in the table according to the bracketed numbers that have been inserted into the text in Appendix 3 so that you can read the actual paragraph as well as its précis in the table. This should be useful as you can see a steady demonstration of summarising dense or technical text. In addition, a classification of the function of each paragraph is given under headings such as:

2012 ◽  
pp. 172-172
Keyword(s):  
Legal System ◽  
General Idea ◽  
Community Law ◽  
Legal Effect ◽  
The Common ◽  
Initial Reading ◽  
Micro Analysis ◽  
The Impact ◽  
The Relationship
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