By Miguel Poiares Maduro
The necessity to stability energy among the Member States and the Union and among public energy and the industry has created strong constitutional dilemmas for the ecu Union. Adopting an inter-disciplinary technique and drawing upon the jurisprudence constructed round Article 30, this new booklet bargains either a descriptive and a normative research of the eu financial structure and discusses the function of the ecu courtroom of Justice in its improvement and within the evaluate of country and neighborhood laws. The booklet is especially appropriate in view of the current debates at the eu structure and the reform of the regulatory nation.
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H. Weiler, “Problems of Legitimacy in Post 1992 Europe”, 46 Aussenwirschaft 1991, 411, at 416. (C) Maduro Ch1 6/1/98 11:29 am Page 29 1. 82 Litigation actors have given “life” to the constitutional “body” created by the Court but, in doing this, they have also impacted on the “soul”. The patterns of Community law litigation on Article 30 EC and other Community rules in pushing for policy changes, even if purely at a national level, are rather visible. 84 Also, according to Alter and Meunier-Aitsahalia, the famous Cassis de Dijon case “was selected as a test case by the plaintiff’s lawyer to .
66 The use of formal reasoning explains why conflicts of values and morals, such as those involved in cases on “abortion” or “pornography”, are ignored or appear to be so. 67. 68 Translated into current European jargon, this means that deregulation will be the substantive outcome of the balancing of values hidden in the application of the Treaty rules on the Common Market. However, as will be argued in Chapter 3, there is not a “laissez faire” policy guiding the decisions of the Court; rather, cases have been decided from a majoritarian point of view, taking the European Union as the relevant political community.
Moreover, effective constraints do not simply flow from a discourse with national courts or other national institutions. They also arise from a discourse with the political and legislative actors of the Community. 90 It stated: “the German Federal Constitutional Court must examine the question of whether or not legal instruments of European institutions and governmental entities may be considered to remain within the bounds of the sovereign rights accorded to them, or whether they may be considered to exceed those bounds”: (para C-I–3, unofficial translation from (1994) 33 International Legal Materials, 395).