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The Function of Judicial Decision in European Economic Integration (Paperback, Softcover reprint of the original 1st ed. 1972)
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The Function of Judicial Decision in European Economic Integration (Paperback, Softcover reprint of the original 1st ed. 1972)
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The present generation lives in a time of transition. The isolated
national legal order, the supreme idea of 19th Century legal
science, begins to be superseded by the evolution of a wider
international and transnational net work of legal rules and
conceptions. With the recognition of a fundamental guarantee of
human rights as a binding ingredient of the framework of inter
national law, the strict separation of the internal system of the
states from the international community is transcended. To this
extent, the rules of international law now exercise a direct
influence upon the national legal order. In some conventional
arrangements safeguarding human rights, the individual is given
direct access to international protection against his own state.
The piercing of national borders by transnational norms finds its
strongest expression in the formation of regional communities of
states which seek to develop a common fund of legal rules, concepts
and principles among their members. The leading role in this
direction lies with European organizations. In the Community formed
by the signatories of the European Convention on Human Rights, the
members accept for themselves a stan dard of legal guarantees for
fundamental rights of the individual laid down in the Convention.
The organs of the Convention, including the Court and foremost the
Commission, fulfill their tasks by measuring the national laws of
the member states against the basic requirements embodied in the
Euro pean Convention.
General
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