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Full-Text Articles in Law

Special Project, Harold V. Morgan, Jr. Editor In Chief Jan 1975

Special Project, Harold V. Morgan, Jr. Editor In Chief

Vanderbilt Journal of Transnational Law

Of the institutions common to the European Communities, probably none has had greater impact on European integration than the Court of Justice. Throughout its case law, the Court has consistently emphasized the federal character of Community law and the secondary importance of national law of the Member States in areas covered by the establishing treaties. Especially in recent years as economic expansion has slowed and Member States have reverted to national rather than federal solutions to fiscal and political dilemmas, the Court remains the most forceful exponent and practitioner of the Common Market and European policy.

In response to the …


The Community Court And Supremacy Of Community Law: A Progress Report, Peter Hay, Vicki Thompson Jan 1975

The Community Court And Supremacy Of Community Law: A Progress Report, Peter Hay, Vicki Thompson

Vanderbilt Journal of Transnational Law

The dedication of an annual issue of the Vanderbilt Journal of Transnational Law, to the case law of the Court of Justice of the European Communities is an appropriate tribute to the significant contribution of the Community Court to the integration of the European Communities. The Court of Justice is perhaps the most remarkable and successful of the common institutions (Council, Commission, Parliament, and Court), which the process of European integration has produced thus far. The Communities--Common Market, Coal and Steel Community, and Euratom--have been beset by numerous political and economic problems; integration beyond the original Treaties, and sometimes within …


The Court Of Justice Of The European Communities: An Annotated Bibliography -- 1951-1973, Igor I. Kavass Jan 1975

The Court Of Justice Of The European Communities: An Annotated Bibliography -- 1951-1973, Igor I. Kavass

Vanderbilt Journal of Transnational Law

This bibliography attempts to bring together information about the publications of the Court of Justice and those of other Community institutions pertinent to the work of the Court, as well as relevant juridical writings about the Court and its activities published as books, essays, journal articles, comments, notes, etc. Wherever possible, individual entries are followed by short annotations or explanatory comments. Annotations to the more important treatises or monographs include citations to book reviews.

This bibliography, like all legal bibliographies of its type, is selective in that it lists only those works which the compiler was able to identify and …


Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan Jan 1975

Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan

Vanderbilt Journal of Transnational Law

The Court of Justice of the European Communities is the final adjudicatory body for questions arising under the three Community treaties--the European Economic Community Treaty (EEC), the European Coal and Steel Community Treaty (ECSC), and the European Atomic Energy Community Treaty (EUR-ATOM). Since none of the treaties confers upon the Court the power to adjudicate questions involving the domestic laws of Member States, the Court's jurisdiction extends only to interpretation of Community law. Basically, the jurisdiction of the Court can be divided into the following subject areas: actions against Member States, actions against Community institutions, claims for damages against the …


The Role Of The Court Of Justice In The Development Of Agricultural Policy In The European Communities, Stanley D. Miller Jan 1975

The Role Of The Court Of Justice In The Development Of Agricultural Policy In The European Communities, Stanley D. Miller

Vanderbilt Journal of Transnational Law

Twenty-five years ago, the center of power for agricultural policy lay firmly in the national capitals. With the signing of the Treaty of Rome, that authority began a gradual flow from the Member States to the institutions of the EEC, particularly the Commission located in Brussels. The transition is not yet complete and has not been without its setbacks, but most Europeans and all the governments of the Member States now accept and support the reality of a Common Agricultural Policy (CAP). The innovative steps taken by the EEC in attempting to weld the agricultural economies of the several states …