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Introduction

Published online by Cambridge University Press:  04 November 2020

William Phelan
Affiliation:
Trinity College Dublin
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Summary

The introduction sets out the book’s approach to the great judgments of the European Court of Justice (ECJ) between 1961 and 1979. Each of the Court’s landmark cases will be analyzed in comparative context, in particular by contrast to the enforcement and escape mechanisms commonly employed in international trade treaties including the postwar General Agreement on Tariffs and Trade (GATT) and today’s World Trade Organization (WTO). The book will also discuss the explanations for these judgments put forward by some of the most influential lawyers then working at the Court, above all French ECJ judge and later President of the Court Robert Lecourt. The introduction sets out the argument that the greatest innovations of the European legal order, including the new role for private individuals and national courts provided for by the doctrines of direct effect and supremacy, were directly linked to addressing the practical problem of how to effectively enforce trade treaty obligations while prohibiting unilateral safeguards and inter-state retaliation.

Type
Chapter
Information
Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period
, pp. 1 - 12
Publisher: Cambridge University Press
Print publication year: 2019

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  • Introduction
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.001
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.001
Available formats
×