By L J Schermers, H G Brinkhorst
Where rights are conferred and tasks imposed, the place powers are exercised and obedience to ideas of legislation required, judicial treatments are an absolute necessity. This assertion was once legitimate in 1969 while the 1st version of this e-book seemed, it truly is much more so now. although the political dynamism of the groups has slackened, the quantity and influence in their criminal ideas continues to be transforming into. practicing legal professionals have to be accustomed to the probabilities for criminal redress while principles of neighborhood legislations are violated. yet curiosity within the judicial treatments on hand within the ecu groups isn't restricted to them on my own. some of the felony difficulties of the eu groups are difficulties which any supranational association will come upon. Any pupil of foreign institutional legislation will reap the benefits of a examine of the judicial treatments on hand within the eu groups. in addition, the topic types a desirable department of comparative legislations. some of the ideas followed within the eu groups could be considered as caused by a protracted improvement of administrative law.
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Extra resources for Judicial Remedies in the European Communities: A Case book
518-528; id. 8 CMLRev. 92-97. Facts: Bij Royal Decree of 3 November 19S8, the granting of import licences for certain dairy products (which included cream cheese) was made dependent upon payment of certain duties to the State. 2S). Thereupon the firm of Detry (later: Fromagerie Franco Suisse 'Le Ski'), traders in dairy products, brought an action before the Court of First Instance in Brussels, claiming restitution from the Belgian State of Bfrs. 60 million for duties paid pursuant to the Belgian decree.
They invited the governments concerned to give their observations. On receipt ofthese observations, the Commission, on 3 April 1963, issued a reasoned opinion under Article 169 of the Treaty. The two governments declared themselves prepared to abolish the levies as soon as agreement was reached with the Commission on a suitable substitute, but stated that in the meantime the levies would remain in force. The Commission thereupon instituted proceedings in the Court on 15 October 1963. The Commission asked the Court to find that the introduction and levying of a special duty on the issue of import licences for certain dairy products, such 25 ACTIONS AGAINST MEMBER STATES introduction and application having taken place after 1 January 1958, was in contlict with the Treaty, and in particular with Article 12.
15-34. The constitution of every international organization sets limits to the powers of that organization. Usually the interpretation of those limits is left to its executive organs. In the European Communities, whose decisions and regulations directly affect the rights and duties of citizens, the founders have provided for a judicial review over the actions of the executive. The Court of Justice exercises that review. In this respect its task is not principally to adjudicate upon the subjective rights of two equal parties, but rather to verify the objective legality of a governmental act, on the basis of an assumption that such act is valid.