The Autonomy Of Community Law

By:

Rene Barents

Format:

Hardback

Series:

European Monographs Series Set

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Description

Does European Community law represent a new kind of transnational constitutional law? The question is important in the long term because it relates to the future of Europe. More immediately, it concerns the manner in which Community law is interpreted by courts. According to the case law of several national courts, Commuity law is a special form of international law, ultimately controlled by the Member States. According to the case law of the European Court of Justice, however, it is a form of constitutional law which cannot be controlled by national courts. In the European Court's case law the special nature of Community is described in terms of "autonomy". In this ground-breaking book, a major scholar of European law rigorously demonstrates that this concept arises organically from the origin, system and content of the European treaties; it is in fact an interpretation of Community law according to its own system, independent of national law. On this basis the book clearly explains what the special nature of Community law amounts to and the theoretical and practical consequences that follow from this interpretation. Professor Barents shows why Community law can be seen as a clear

Release date Australia

December 24th, 2003

Author

Rene Barents

Audiences

Postgraduate, Research & Scholarly
Professional & Vocational

Pages

334

Series

European Monographs Series Set

Dimensions

165x241x19

ISBN-13

9789041122513

Product ID

3956635

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