Legality of Norwegian Commercial Whaling Under the Whaling Convention and its Compatibility with European Community Law

1994 ◽  
Vol 43 (2) ◽  
pp. 270-295 ◽  
Author(s):  
Peter G. G. Davies
Keyword(s):  
European Community ◽  
Community Law ◽  
Commercial Whaling ◽  
European Community Law

scholarly journals From Van Duyn to Mangold via Marshall: Reducing Direct Effect to Absurdity?

2007 ◽  
Vol 9 ◽  
pp. 81-109 ◽  
Author(s):  
Alan Dashwood
Keyword(s):  
European Community ◽  
Direct Effect ◽  
Golden Age ◽  
Early Years ◽  
Community Law ◽  
Constitutional Order ◽  
National Courts ◽  
Court Of Justice ◽  
Intellectual Influence ◽  
European Community Law

In an article published in 1983, Pierre Pescatore who, as a Member of the Court of Justice, exercised a powerful intellectual influence over the development of European Community law during what might be deemed the Court’s Golden Age, once described direct effect as ‘an infant disease’. What he meant was that, in the early years of the Community, it may have seemed remarkable, even dangerous, that provisions of the EC Treaty or of acts adopted under it could give rise to rights and correlative duties which national courts were called upon to recognise and enforce. But now that Community law had reached maturity, direct effect should be taken for granted, as a normal incident of an advanced constitutional order.

Sign in / Sign up

Export Citation Format

Share Document