Community Law in the French Courts: The Law of Treaties in by Eric E. Bergsten

By Eric E. Bergsten

The ecu groups are just 20 years outdated. an important of the 3 groups, the eu financial group (EEC), is even more youthful, having come into life in 1958. 1 20 years were infrequently adequate time to have greater than reached, less settled, the impor­ tant questions of the connection among neighborhood legislation and associations and people of the Member States. one of the such a lot tough of the questions is the level to which the courts of the Member States will satisfy the duty of safeguarding the rights created by way of the Treaty of Rome in want of non-public people, either indivi­ twin and company, a duty which the courtroom of Justice of the eu groups has acknowledged rests upon the nationwide courts. This legal responsibility flows evidently, notwithstanding no longer unavoidably, from the dedication of the court docket of Justice to an efficient group. even if, the end result will depend on that dedication, and there's a average obstacle that the nationwide courts won't proportion the dedication to an efficient group to a point essential to satisfy their duties less than group legislation as these responsibilities were outlined by way of the court docket of Justice. with a purpose to fu1fi11 their tasks to neighborhood legislation the courts of the Member States should clear up a few critical difficulties, and do it with relatively little support from the court docket of Justice.

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If the Conseil d'Etat was to move into this area, it would have to do so carefully. As it turned out, progress was slow. There were no criteria to determine which implementing acts were "detachable" and which were not. " Moreover, there were still a few kinds of treaties which the Conseil d'Etat considered to be Acts of Government. 63 As time went on •• See the discussion in Chapter III . H. 382, S. 1937. 73 (note Laroque). P. 1927· 4. 265, S. 1927. L. 910, but not if it was pursuant to a treaty.

86 The list of such acts was limited in his view to those discretionary powers which the Government has (I) from the constitutional laws, when they exist, for the regulation and execution of diplomatic conventions, (2) from the laws concerning the police power and especially those relating to martial law, and (3) from the extraordinary laws designed to protect the regime against the anticipated attempts to regain power by the princes belonging to the former royal families. David's definition confused two distinct ideas, discretionary acts, which can be brought before the Conseil d'Etat in its judicial capacity but over which it has limited control on the merits, and Acts of Government, which may not even be properly brought to its attention.

3. 33. 68 Rev. Dr. Pub. 781 (1952) (note Waline. concl. Letoumeur). 77 I Odent, Contentieux adminIstratif. 1965-66 at 232-33 (1966). 78 Societe indochinoise d'electricite. July 15. 1961. Rec. Cons. d'Et. 1961. 519. 79 Argence. Conseil d'Etat. Feb. 14. 1962, Rec. Cons. d'Et. 1962. 107. 80 Laurent. Conseil d'Etat. April 23. 1963. Rec. Cons. d'Et. 1963,247. 81 Prince Silman bey. Conseil d'Etat. March 16. 1962. D. 1962. Jur. 745 (note Silvera) . •• Reiected as a grounds for liability of the state in LevY.

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