In March 2007 the EU celebrates the 50th anniversary of the signing of the Treaties of Rome, the Euratom and EEC Treaty
, the latter being the one that launched the process of economic integration that ultimately led to the creation of a single market and a single currency in Europe.
Will UK governments take heed of the wake-up call that was the 2016 referendum result and use reclaimed national control in the social domain to deliver social progress for a domestic audience in what could be a harsh economic climate where, as in the EEC Treaty
, the social dimension is once again subordinated to market exigencies?
The 1972 FTAs which the individual states of EFTA negotiated with the EEC in the light of impending accessions of the UK and Denmark (together with Ireland) contain no clause requiring courts of EFTA States to use Court of Justice interpretations of EEC Treaty
provisions when seeking to apply similarly-worded provisions of the relevant FTA in the cases before them.
The subject of the case was on the following two questions: whether article 12 of the EEC Treaty
has direct application within the territory of a member state, in other words, whether nationals of such state can, on the basis of the article in question, lay claim to individual rights which the courts must protect; the second question was whether the application of a duty, such was the case, represented an unlawful increase within the meaning of article 12 of the EEC Treaty
Italy, which established "that the principle of State liability was inherent in the new legal system created by the EEC Treaty
Article 100 (20) of the EEC Treaty
provides for harmonization mainly through EC directives issued by the European Council.
The European court recognised that the French rules constitute a restriction on the principle of free movement of capital, prohibited by the EEA treaty - and by EU law (Article 56 of the EEC Treaty
and the Elisa judgment of 2007), which is nevertheless not transposable to relations between the EU27 and non-EU states.
the restriction on the number of foreign players entitled to play for a professional football team to be a proscribed determination on grounds of nationality, a contravention of freedom of movement pursuant to Article 48 of the EEC Treaty
and a violation of Article 85 of the EEC Treaty
, in so far as nationals of Member States of the European Community are concerned." However, in a recent and interesting development, the Institute for European Affairs (INEA), which had been commissioned by FIFA to study the issue, claims in a 191 page Report dated 24 October, 2008 and published on 26 February, 2009, that the idea of restricting foreign players in league games does not fall foul of EU rules on the free movement of workers.
(15.) EEC TREATY
. The other Treaties include the MERGER TREATY, the SEA, the TEU, and the TREATY OF AMSTERDAM.
Strasbourg was chosen as the temporary site of the parliament when the EEC treaty
was signed in 1957.
However, given the EP's implicit right of veto, inherent in the requirement for its assent under Article 238 of the EEC Treaty
, this influence has in fact been quite substantial.
(54.) Article 164 of the EEC Treaty
states "[t]he Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed." EEC TREATY
, supra note 1, art.