scholarly journals Rethinking Judicial Narratives: The Court of Justice and the Treaty of Rome

2021 ◽  
pp. 1-13
Author(s):  
Thomas Horsley
Keyword(s):  
Court Of Justice ◽  
Treaty Of Rome

EC Law and International Agreements of the Member States—An Ambivalent Relationship?

2007 ◽  
Vol 9 ◽  
pp. 387-440 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Law ◽  
Legal Order ◽  
International Treaties ◽  
Member States ◽  
International Treaty ◽  
Court Of Justice ◽  
Treaty Of Rome ◽  
Ambivalent Relationship ◽  
Formed Part ◽  
Ec Law

The European Community (EC) was established in 1957 on the basis of an international treaty. The Treaty of Rome formed part of international law, though the Court of Justice was soon eager to emphasise that the ‘Community constitutes anew legal orderof international law’, and that:By contrast with ordinary international treaties, the E … C Treaty has created its own legal system which, on the entry into force, became an integral part of the legal systems of the Member States and which their Courts are bound to apply.

The British and French Systems of Control of the Export of works of Art

1996 ◽  
Vol 45 (3) ◽  
pp. 557-591 ◽  
Author(s):  
Michael Polonsky ◽  
Jean-François Canat
Keyword(s):  
European Community ◽  
Free Movement ◽  
Customs Union ◽  
Court Of Justice ◽  
Works Of Art ◽  
European Court ◽  
Equivalent Effect ◽  
Treaty Of Rome ◽  
The Subject ◽  
Free Movement Of Goods

Article 9 of the Treaty of Rome, as amended by the 1992 Treaty on European Union (the Maastricht Treaty), declares that the European Community “shall be based upon a customs union which shall cover all trade in goods and which shall involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect”.1 The principle was thereby established of the free movement of goods within the European Community. The Treaty does not define “goods” for the purposes of the Articles (9 to 37) which make up the Title dealing with “Free Movement of Goods”, but the European Court of Justice has held that “goods” means “products which can be valued in money and which are capable, as such, of forming the subject of commercial transactions”. From this it is clear that works of art are included in the “goods” that are intended to circulate freely within the Community.

Speaking Notes With Émile Noël on the Administration of Europe

1982 ◽  
Vol 17 (1) ◽  
pp. 35-47
Author(s):  
Ghiţa Ionescu
Keyword(s):  
European Commission ◽  
European Community ◽  
European Court Of Justice ◽  
Political Imagination ◽  
European Economic ◽  
Court Of Justice ◽  
European Court ◽  
The World ◽  
Treaty Of Rome ◽  
Council Of Ministers

No one, friend or foe, of the European Community could deny that its emergence, growth and consolidation in a very brief time as a ready-made administration, with all the powerful institutions it comprises, has been one of the most impressive achievements of modern political imagination and organizational skill. In Brussels, in Luxembourg, in Strasbourg, institutions appeared almost overnight created by the Treaty of Rome, the names of which inspire such contrary feelings in Europe and in the world at large: the European Court of Justice, the European Council of Ministers, the European Parliament, the European Economic and Social Committee; and last but not least, the European Commission, the most controversial of all these institutions, the most hated or the most admired, precisely because people believe and know that the Commission is the motor of this extraordinary development in European political history.

The ‘Bond van Adverteerders’ Case and Recent Legal Developments in EEC ‘Television Law’

1990 ◽  
Vol 3 (2) ◽  
pp. 231-238
Author(s):  
Georges Friden
Keyword(s):  
Cable Television ◽  
National Level ◽  
Case Law ◽  
Television Industry ◽  
Satellite Television ◽  
Technical Developments ◽  
Court Of Justice ◽  
Provision Of Services ◽  
Treaty Of Rome ◽  
Council Of Ministers

Before the recent adoption, by the Council of Ministers of the EEC, of a directive concerning EEC ‘television law’, technical developments in the European television industry were definitely outpacing legal ones. The emergence of cable and satellite television encouraged both broadcasting companies and advertisers to start operating on a European, instead of merely on a national level. This happened at first in a legal void which was eventually partly filled by the case law of the Court of Justice of the European Communities. Amongst others the relevant cases are the Sacchi Case and Debauve Case. The former established inter alia that the articles of the Treaty of Rome governing the free provision of services, also apply to television transmissions. The latter states that the same applies to cable television services.

Turn of the Tide?: The “Golden Share” Judgements of the European Court of Justice and the Liberalization of the European Capital Markets

2002 ◽  
Vol 3 (8) ◽  
Author(s):  
Johannes Adolff
Keyword(s):  
Central Element ◽  
Case Law ◽  
European Court Of Justice ◽  
Freedom Of Establishment ◽  
Community Institutions ◽  
Court Of Justice ◽  
European Court ◽  
Fundamental Freedoms ◽  
Judicial Proceedings ◽  
Treaty Of Rome

There is hardly a set of legal institutions that has more contributed to the creation of the common market than the fundamental freedoms enshrined in the Treaty of Rome. The expanding concepts of freedom of establishment and of free movement of goods, persons, services and capital have, during the thirty years since the European Court of Justice\'s (ECJ) decision in \”Dassonville\”, by far become the Community\'s most effective deregulatory instruments. The driving force behind this development has been the case law of the Court. This case law has, on an initially slim basis in the Treaty, established the fundamental freedoms as the central element of a \“new legal order\” which has direct effect, results in the automatic inapplicability of incompatible national law and which can be invoked by every citizen in national administrative or judicial proceedings. Furthermore, it is enforced not only by Community institutions but also by EU-citizens acting as \“private public attorneys\” when bringing claims under European law against Member States for damages resulting from violations of the Treaty.

Grant v. South-West Trains, Ltd.

1999 ◽  
Vol 93 (1) ◽  
pp. 200-205 ◽  
Author(s):  
Bernard H. Oxman ◽  
Laurence R. Helfer
Keyword(s):  
Sexual Orientation ◽  
European Court Of Justice ◽  
Advocate General ◽  
Equal Pay ◽  
Court Of Justice ◽  
South West ◽  
European Court ◽  
Treaty Of Rome ◽  
Law Reports ◽  
Community Directive

Grant v. South-West Trains, Ltd. Case C-249/96. 1998 All England Law Reports (EC) 193.Court of Justice of the European Communities, February 17, 1998.Are employers within the European Community (EC or Community) forbidden from discriminating against their employees on the basis of sexual orientation? More generally, does the prohibition of “discrimination based on sex” contained in Article 119 of the Treaty of Rome and the Community directive requiring equal pay for men and women (Equal Pay Directive) encompass discrimination on the basis of sexual orientation? In Grant v. South-West Trains, Ltd., the European Court of Justice (ECJ) answered both questions in the negative, rejecting a strongly worded recommendation of the Court's Advocate General.

The charter of fundamental rights of the European Union: Pandora’s box or panacea?

2003 ◽  
Vol 45 (5/6) ◽  
pp. 145-176 ◽  
Author(s):  
Diane Ryland
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Treaty Of Rome ◽  
Internal Policy

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein

EC Law and International Agreements of the Member States—An Ambivalent Relationship?

2007 ◽  
Vol 9 ◽  
pp. 387-440 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Law ◽  
Legal Order ◽  
International Treaties ◽  
Member States ◽  
International Treaty ◽  
Court Of Justice ◽  
Treaty Of Rome ◽  
Ambivalent Relationship ◽  
Formed Part ◽  
Ec Law

The European Community (EC) was established in 1957 on the basis of an international treaty. The Treaty of Rome formed part of international law, though the Court of Justice was soon eager to emphasise that the ‘Community constitutes a new legal order of international law’, and that: By contrast with ordinary international treaties, the E … C Treaty has created its own legal system which, on the entry into force, became an integral part of the legal systems of the Member States and which their Courts are bound to apply.

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