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Development of Judicial Control of the European Communities

  • Book
  • © 1981

Overview

Authors:
  1. Gerhard Bebr

    1. Brussels, Belgium

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Table of contents (15 chapters)

  1. Front Matter

    Pages i-xviii
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  2. The Court of Justice and the Community Legal Order

    1. Front Matter

      Pages 1-1
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    2. The Nature and Jurisdiction of the Court of Justice

      • Gerhard Bebr
      Pages 3-13

  3. Direct Judicial Control

    1. Front Matter

      Pages 15-15
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    2. Review of Legality of Community Acts

      1. Action for Annulment
        • Gerhard Bebr
        Pages 17-155
      2. Action for Default
        • Gerhard Bebr
        Pages 157-189
      3. Plea of an Exception of Illegality
        • Gerhard Bebr
        Pages 191-218
      4. Action for Damages
        • Gerhard Bebr
        Pages 219-271

    3. Action for Infringement of Community Law

      1. Infringement Procedure against a Defaulting Member State
        • Gerhard Bebr
        Pages 277-326
      2. Infringement Procedure against Defaulting Private Parties
        • Gerhard Bebr
        Pages 327-339

    4. Constitutional Control

      1. Preventive Judicial Control
        • Gerhard Bebr
        Pages 341-358

  4. Indirect Judicial Control: Community Law Before National Courts

    1. Front Matter

      Pages 359-359
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    2. General Problems of the EEC Treaty Article 177

      • Gerhard Bebr
      Pages 365-411

    3. Uniform Interpretation of Community Law

      • Gerhard Bebr
      Pages 413-452

    4. Review of Validity of Community Acts

      • Gerhard Bebr
      Pages 453-494

    5. EEC Treaty Article 177 in the Practice of National Courts

      • Gerhard Bebr
      Pages 495-545

    6. Provisions Directly Effective: Additional Judicial Protection of Individuals

      • Gerhard Bebr
      Pages 547-611

    7. Supremacy of Community Law

      • Gerhard Bebr
      Pages 613-661

    8. Supremacy of Community Law in the Practice of the National Courts of the Member States

      • Gerhard Bebr
      Pages 663-718

  5. Back Matter

    Pages 719-822
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Keywords

About this book

The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in­ novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Authors and Affiliations

  • Brussels, Belgium

    Gerhard Bebr

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