The Integration of the European Community and Third States in Europe: A Legal Analysis

By Andrew H. Evans | Go to book overview

8
Judicial Control

8.1 INTRODUCTION

Judicial control may play an important role in integration processes, at least where, as in the case of the European Court of Justice, the judiciary has a formal obligation to promote integration. Such control may not simply be central to the interpretation of trade liberalization and other requirements embodied in the EC Treaty. To the extent that the other Community institutions and national institutions must respect such requirements, the natural implication is that the work of these institutions and, hence, their treatment of trade issues may be affected by judicial interpretation of the same requirements. As a result, the operation of provisions governing trade may not only be affected by, but may also affect, the operation of provisions governing the presentation and resolution of trade issues.

Recognition of the importance of judicial control for integration processes seems to have been more influential in negotiations for the EEA Agreement1 than in negotiations for the Free Trade Agreements and the Europe Agreements. Indeed, the draft EEA Agreement envisaged the creation of two new judicial bodies: the EEA Court of Justice and the EEA Court of First Instance. These courts were designed to go further in reconciling institutional separation with application of common rules than the arrangements for joint decisionmaking and committee work also made in the Agreement. In the view of the Commission, such reconciliation was achieved by the draft Agreement without the role of the existing Court of Justice being prejudiced. According to the Commission, the draft Agreement meant that no court other than the Court of Justice would have jurisdiction to give preliminary rulings on the interpretation of the EC Treaty, that the EEA Court would not apply the EEA Agreement in ignorance of Community law or the case law of the Court of Justice, that the competition rules would not be applied in a disorganized manner, that economic agents would not be denied access to judicial review by the procedure for preliminary rulings, and that the EFTA States would not be made

____________________
1
At the first meeting in July 1989 of EC-EFTA Working Group V, on Legal and Institutional Questions, it was agreed that procedures for uniform interpretation and dispute settlement within the EEA would be needed. References were made to a future EEA judicial body and to a formula based on Prot. 2 to the Lugano Convention ( Present stage of discussions in EC-EFTA Working Group V with regard to a Future EEA Judicial Body).

-340-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Integration of the European Community and Third States in Europe: A Legal Analysis
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Abbreviations xvi
  • Tables xix
  • 1 - Introduction 1
  • Part 1 - Trade Liberalization and Other Requirements 9
  • 2 - Trade Liberalization Requirements 11
  • 3 - Requirements Other Than Those of Trade Liberalization 85
  • Part 2 - Harmonization 149
  • 4 - Administrative Harmonization: Competition Policy 151
  • 5 - Legislative Harmonization: the 'Four Freedoms' and Beyond 229
  • Part 3 - Institutional Involvement 267
  • 6 - Joint Decision-Making 269
  • 7 - Committee Work 320
  • 8 - Judicial Control 340
  • 9 - Conclusions 380
  • Bibliography 391
  • Index 411
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 413

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.