We, the Court by Miguel Poiares Maduro
By Miguel Poiares Maduro
The necessity to stability energy among the Member States and the Union and among public energy and the marketplace has created strong constitutional dilemmas for the ecu Union. Adopting an inter-disciplinary strategy and drawing upon the jurisprudence constructed round Article 30, this new publication bargains either a descriptive and a normative research of the ecu fiscal structure and discusses the position of the eu courtroom of Justice in its improvement and within the assessment of kingdom and group laws. The publication is especially appropriate in view of the current debates at the ecu structure and the reform of the regulatory nation.
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Extra resources for We, the Court
Sample text
As the analysis of these different tests will show, the discussion is centered around the concepts of discrimination and balancing and the degree of discretion that those concepts warrant to the courts and the States. Discrimination tests limit the review of national measures under Article 30 to cases of discrimination while balance tests argue for a broader judicial (D) Maduro Ch2 6/1/98 11:31 am Page 36 36 We The Court activism in the review of measures with an effect on trade, in this way restricting State discretion in regulating the market.
85, at 554. 105 Ibid, at 547. 109 The present aspects of self-restraint shown in the Court’s case law are to some extent an answer by the Court to the pressures placed on it by the European legal discourse. 110 The recognition of a European legal discourse between the Court and other actors implies, however, two further and important changes in the way in which we conceive the case law of the Court and the way in which the Court itself sees and constructs its own role. It requires a comparative institutional analysis.
E. that no balancing is going on within the Court . . the Court simply decided what interpretation of Community law is required by the policy of market integration . . The national social policies (and indeed any other Member State policies) then are either struck down or escape intact as an incidental consequence of the prior decision taken by the Court as to the scope of Community law The alternative analysis is that there is a balancing process going on in the Court but that it is not an overt but rather hidden one .