Cambridge Yearbook of European Legal Studies. Volume 06, by John Bell, Alan Dashwood, Angela Ward, John Spencer

By John Bell, Alan Dashwood, Angela Ward, John Spencer

The Cambridge Yearbook of eu felony experiences offers a discussion board for the scrutiny of vital concerns in ecu Union legislations, the legislation of the Council of Europe, and Comparative legislation with a “European” size, and especially these that have come to the fore through the 12 months previous booklet. The contributions showing within the assortment are commissioned by means of the Centre for ecu criminal stories (CELS) Cambridge, that is the examine middle of Cambridge college legislations college focusing on ecu felony concerns. The papers offered are all on the leading edge of the fields which they tackle and replicate the perspectives of famous specialists drawn from the college global, felony perform, and the civil companies of either the european and its Member States. Inclusion of the comparative measurement brings a clean standpoint to the examine of ecu legislations and highlights the results of globalization of the legislation extra quite often, and the ensuing pass fertilization of norms and concepts that has happened between formerly sovereign and separate felony orders. The Cambridge Yearbook of eu felony reports is a useful source for these wishing to maintain velocity with felony advancements within the fast-moving international of ecu integration.

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66 See Anderson, D and Demetriou, M References to the European Court 2nd edn (London, Sweet & Maxwell, 2002) 334–5; Case C–465/93 Atlanta Fruchthandelsgesellschaft I [1995] ECR I–3761. 14 ANTHONY ARNULL is particularly imperative when the validity of a Community act is in question. ’67 That concern is more than merely theoretical: the decision of the Danish Constitutional Court in the Carlsen case showed that other national courts would be likely to follow the lead of the Federal Constitutional Court, as it must have foreseen.

27 See Oppenheim’s International Law, above n 24, 83. 28 Case 6/64 [1964] ECR 585. See also Case 106/77 Amministrazione delle Finanze dello Stato v Simmenthal [1978] ECR 629; Joined Cases C–10/97 to C–22/97 Ministero delle Finanze v IN. CO. GE. 90 and Others [1998] ECR I–6307. 6 ANTHONY ARNULL where there is a conflict in a national court between a national rule and a European rule, precedence must be accorded to the latter. ’29 There are, however, at least three problems with Article I–10(1).

The Member States remained the Masters of the Treaties and their further development. In so far as the constitutional complaint was admissible, it was therefore unfounded. However, in the course of dismissing the complaint, the Court engaged in some judicial sabre-rattling, declaring: if European institutions or agencies were to treat or develop the Union Treaty in a way that was no longer covered by the treaty in the form that is the basis for the Act of Accession, the resultant legislative instruments would not be legally binding within the sphere of German sovereignty.

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