Quot judices tot sententiae: A study of the English reaction to continental interpretive techniques

Legal Studies ◽  
1981 ◽  
Vol 1 (2) ◽  
pp. 165-189 ◽  
Author(s):  
Shael Herman
Keyword(s):  
European Commission ◽  
European Economic Community ◽  
Legal Services ◽  
Economic Community ◽  
European Economic ◽  
The United Kingdom ◽  
Court Of Justice ◽  
Substantive Law ◽  
Recent Editorial

When the United Kingdom joined the European Economic Community in 1973, the English bench and bar must have perceived only dimly the challenges before them. Like contemporary descendants of Noah, they dropped into a Babel of languages and legal terms indispensable to the operation of the European Commission and the Court of Justice. Membership in the European Economic Community entailed the substantive harmonisation of English laws with those of other member states, and England's common law tradition could not have made the process easy. But the scope of the harmonisation task reached beyond substantive law to deeply rooted judicial attitudes toward the role of legislation and techniques of interpretation. In a recent editorial, Dr C. D. Ehlermann, Director of Legal Services for the European Commission, offered reasons for the English judiciary's potential resistance towards harmonisation of interpretative techniques.

When Germany Accepted a European Industrial Policy: Managing the Decline of Steel from 1977 to 1984

2017 ◽  
Vol 58 (1) ◽  
pp. 137-162 ◽  
Author(s):  
Laurent Warlouzet
Keyword(s):  
United Kingdom ◽  
European Commission ◽  
Industrial Policy ◽  
European Economic Community ◽  
Economic Community ◽  
Member States ◽  
European Economic ◽  
The United Kingdom ◽  
Steel Sector ◽  
Supranational Institutions

Abstract From 1977 to 1984, an ambitious European industrial policy was implemented by the European Economic Community for the first and only time in its history. It dealt with the crisis of the steel sector. This paper strives to understand why member states chose this solution, despite the fact that some of them were hostile to the devolution of power to supranational institutions, as for example Britain or France. The most reluctant state was Germany, whose officials usually associated any attempts of EEC-wide industrial policy with dirigism. The paper, based on archives of three governments (Germany, France, the United Kingdom) and of the European Commission, argues that the European solution was best for member states, and in particular for Germany, in order to control their neighbours and avoid a costly subsidy race.

Programming the Common Market: The Making and Failure of a ‘Dirigiste’ Europe, 1957–1967

2021 ◽  
pp. 1-15
Author(s):  
Hugo Canihac
Keyword(s):  
European Integration ◽  
European Economic Community ◽  
Early Years ◽  
Practical Reasons ◽  
Economic Governance ◽  
Economic Community ◽  
European Economic ◽  
History Of ◽  
The Common

This article contributes to the debate about the history of the political economy of the European Economic Community (EEC). It retraces the efforts during the early years of the EEC to implement a form of ‘European economic programming’, that is, a more ‘dirigiste’ type of economic governance than is usually associated with European integration. Based on a variety of archives, it offers a new account of the making and failure of this project. It argues that, at the time, the idea of economic programming found many supporters, but its implementation largely failed for political as well as practical reasons. In so doing, it also brings to light the role of economists during the early years of European integration.

Unification of gift and inheritance taxes and the protection of taxpayers – the inheritors and recipients of donations

2021 ◽  
Vol IV (IV) ◽  
pp. 27-47
Author(s):  
Stefan Babiarz
Keyword(s):  
European Commission ◽  
Union Member ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
Investment Activity ◽  
Member States ◽  
European Economic ◽  
Cross Border ◽  
European Union Member States

Gift and inheritance tax in the European Union Member States is calculated and charged in numerous ways. In the majority of countries of the European Economic Community it constitutes a separate tax. In several countries it is not charged at all or is part of the income tax. Despite the attempts made by the European Commission to unify the legislation of the Member States in this regard, there has been no success. The article presents the above-mentioned attempts of the European Commission, their results and consequences. It identifies the methods of avoiding a double or even triple taxation on cross-border inheritances or donations. This is of crucial significance also to the Polish citizens who demonstrate higher and higher investment activity in the countries of the European Economic Community and third countries.

State and Private Pension Schemes in the European Economic Community and the United Kingdom

1963 ◽  
Vol 89 (3) ◽  
pp. 157-225 ◽  
Author(s):  
A. R. N. Ratcliff
Keyword(s):  
United Kingdom ◽  
European Economic Community ◽  
Customs Union ◽  
Economic Community ◽  
European Economic ◽  
The United Kingdom ◽  
Pension Schemes ◽  
Treaty Of Rome ◽  
The Common

The European Economic Community came into existence on 1 January 1958, following the ratification of the Treaty of Rome by the parliaments of the six member countries, Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The long-term aim of ‘The Six’ in setting up the Community was to achieve a unified economic unit with a common economic policy, and whilst commonly referred to in the United Kingdom as the Common Market it should not be thought of merely as an advanced form of customs union.

scholarly journals Does Brexit Spell the Death of Transnational Law?

2016 ◽  
Vol 17 (S1) ◽  
pp. 51-62 ◽  
Author(s):  
Ralf Michaels
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Economic Community ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
Transnational Law ◽  
The United Kingdom ◽  
The Uk

Philip Jessup would not be pleased. Exactly sixty years after he published his groundbreaking book onTransnational Law, a majority of voters in the United Kingdom decided they wanted none of that. By voting for the UK to leave the European Union, they rejected what may well be called the biggest and most promising project of transnational law. Indeed, the European Union (including its predecessor, the European Economic Community), is nearly as old Jessup's book. Both are products of the same time. That invites speculation that goes beyond the immediate effects of Brexit: Is the time of transnational law over? Or can transnational law be renewed and revived?

The Merger of the Institutions of the European Communities

1967 ◽  
Vol 61 (1) ◽  
pp. 57-65 ◽  
Author(s):  
Gordon L. Weil
Keyword(s):  
The Netherlands ◽  
Federal Republic ◽  
European Commission ◽  
European Economic Community ◽  
Atomic Energy ◽  
Federal Republic Of Germany ◽  
Economic Community ◽  
Member States ◽  
European Economic ◽  
Energy Community

On April 8, 1965, the representatives of the six member states (Belgium, France, Federal Republic of Germany, Italy, Luxembourg and The Netherlands) of the European Communities signed the “Treaty Establishing a Single Council and a Single Commission of the European Communities.” The treaty’s principal object is to replace the executive bodies of the three Communities, i.e., the Commissions of the European Economic Community (E.E.C.) and the European Atomic Energy Community (EURATOM) and the High Authority of the European Coal and Steel Community (E.C.S.C.) by a single European Commission. At the same time, the Councils of Ministers of these three Communities are to be merged into one Council. This Merger Treaty is intended to be the first step toward the ultimate merger of the E.C.S.C, instituted by the Treaty of Paris of April 18, 1951, and the E.E.C. and EURATOM, instituted by the Eome Treaties of March 25, 1957.

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