First, he looks at whether the CFI is allowed to lay down new law by its decisions, and concludes, correctly, in this reviewer's opinion, that this must be so, at least until the decision in question is reversed on appeal by the Court of Justice. It is to be hoped that few such appeals on points of law will in fact occur, as a plethora of them would rather defeat the object of setting up the CFI in the first place. On the related question of precedent, the author takes the view that the CFI is bound to follow a decision of the Court of Justice at the risk of having its decision set aside on appeal. Conflicts will in due course inevitably arise and it remains to be seen how much latitude will in fact be enjoyed by the CFI, as the author perceptively comments. The third issue is whether the CFI will take over the methods of interpretation developed by the Court of Justice. The author offers the thought that the CFI may be more cautious in its approach to interpretation than the Court of Justice has been, partly because of the nature of its current jurisdiction and partly because of the prospect of appeal to the Court. Although it is too early yet to say, the present reviewer doubts whether the CFI will be any more cautious, if only so as to establish its own independence. The fourth fascinating matter relates to the CFI's role in developing further general principles of Community law. The whole of this very short chapter deserves much fuller treatment in the second edition but is well worth reading as it stands.
In short, this book can be thoroughly recommended, particularly for practitioners, for whom it is hoped that a revised edition can be speedily produced. However, the work is not just a practitioners' handbook; it does raise interesting academic points, albeit briefly, and deserves thorough perusal.
The fourth edition of European Community Law in the United Kingdom reflects the rapid changes in European Community law and its growing importance for the United Kingdom. Like previous editions, it focuses on four main areas: the general relationship between Community law and United Kingdom law; the operation within the United Kingdom of directly applicable Community law; the relationship between the European Court and the United Kingdom courts in the interpretation of Community law; and procedures and grounds for challenging acts of Community institutions.
As the author points out in the Preface, there have been almost four hundred relevant decisions of the European Court and of the United Kingdom courts since the publication of the last edition in 1984. The most significant are highlighted here: Pickstone v Freemans [ 1988] ICR 697 and Litster v Forth Dry Dock [ 1989] ICR 341 (HL) where the House of Lords
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Publication information: Book title: Yearbook of European Law. Volume: 10. Contributors: Francis Geoffrey Jacobs - Editor. Publisher: Clarendon Press. Place of publication: Oxford, England. Publication year: 1982. Page number: 603.
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