The Application of Kelsen's Theory of the Legal System to European Community Law: The Supremacy Puzzle Resolved

2002 ◽  
Vol 21 (1) ◽  
pp. 1 ◽  
Author(s):  
Ines Weyland
Keyword(s):  
European Community ◽  
Legal System ◽  
Community Law ◽  
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.

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.

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