|--constitutional law (which at least requires treatment of sovereignty/supremacy of community law);|
|--employment law (as regards in particular sex discrimination, and the acquired rights directive);|
|--tort (as regards the product liability directive);|
|--company law (as regards the company law directives etc);|
|--conflict of laws (as regards the Brussels and Rome conventions).|
The developing case law of the Court of Justice and the English and Scottish courts ( Litster v. Forth Dry Dock and Engineering Co. Ltd. [ 1989] 1 All ER 1134 was an appeal from the Court of Session) on the interpretation of national rules implementing directives has provided an overdue spur to the study of directives, and the mischievous decision of the Sixth Chamber in Marleasing Case C-106/89 Marleasing v. La Comercial [ 1990] ECR I--4235 can only keep directives in the forefront of attention. A few Court of Justice decisions on the product liability directive would serve well to heighten awareness, but it is early days yet. This spontaneous integration is inevitable and will no doubt continue.
If integration is to some extent inevitable, a special course on Community law is also necessary. This is because Community law, like any other legal system, has a set of conceptual assumptions which run like geological strata through different types of subject matter, both substantive and procedural, be it institutional law, social law, or economic law. Acquiring a working understanding of these assumptions requires systematic study. A graduate in English law has always aspired to at least an elementary sense of direction within his legal system. That sense of direction should to-day extend to the Community system, incorporated as it is into our own legal system. From a practical point of view, it is generally unsatisfactory to approach Community law on the basis that you can learn all you need to know about a particular bit of it without learning anything at all about the rest of it. Just as it is unsatisfactory to approach tax law without having regard to trusts, property or contract. It is one of the less satisfactory features of our system of professional qualification that it is possible to qualify as a barrister or solicitor without any real knowledge of substantive Community law taught as such.
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Book title: Examining the Law Syllabus:The Core. Contributors: P. B. H. Birks - Editor, Society of Public Teachers of Law (London, England) - OrganizationName. Publisher: Oxford University. Place of publication: Oxford. Publication year: 1992. Page number: 21.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.