By Gian Antonio Benacchio
This is often a necessary consultant for lawmakers, students, and scholars of legislations, this paintings takes at the ambitious job of offering a close assessment of the harmonization of legislations within the eu Union. Skillfully researched, the authors search to strategy this subject with a watch to the hot expansion technique. In highlighting the newest activities of the eu court docket of Justice and the courtroom of First example, the e-book seeks to investigate the long run strengths and pitfalls of european universal legislation. court docket rulings are quoted at size, and paintings at the side of textual content inserts in delivering a structure that breaks down advanced info. This open kind of the ebook supplies researchers the facility to speedy find necessary details and cite statements from european associations.
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Extra resources for A Common Law for Europe
16 The European Union intended to guarantee that the last enlargement (to include eight of the CEECs, Malta and Cyprus) would strengthen new relationships with countries bordering on them and beyond, in particular with all the countries which, in the past, have been part of the Soviet Union. From the point of view of the European Union, the last enlargement would produce economic benefits in terms of the expansion of the single market, extension of the process of integration, and strengthening of the political position of the EU on the world stage.
To focus more closely on the expression ‘European Community Private Law,’ one point must be initially clarified, and it is in our view fundamental, though it is often ignored. We are referring to the distinction to be made among the processes, which concerns not only the EC level, but also other international levels (and, for example, the Conventions promoted by those organizations), of: – unification. – creating uniformity. – harmonization of the law. For the purpose of unification of EC law and the national laws, it is not sufficient for the legal rules to be produced by a single legislative organ, on which the States have conferred law-making powers, but it is necessary that there be judicial activity carried out by a single hierarchy of judicial officers, so as to guarantee a homogeneous interpretation and application of the laws.
Partial because the new legal rules do not always replace the old; the latter do not get removed from the legal system of the individual State, but are left to coexist alongside the new ones, creating potential dualism and uncertainty. This method of intervention on the part of the EC legislature, constrained to maneuver among the various requirements of Member States in order to reconcile these with those of a huge internal market, can only result in a low level of systematic organization with regard to EC private law, which the interpreter must remedy.
A Common Law for Europe by Gian Antonio Benacchio