Great Judgments of the European Court of Justice Book contents
- Great Judgments of the European Court of Justice
- Great Judgments of the European Court of Justice
- Copyright page
- Epigraph
- Contents
- Tables
- Acknowledgements
- Abbreviations
- European Court of Justice Cases
- Preamble and Selected Provisions of the Treaty of Rome
- Equivalence Table of Treaty Articles
- Introduction
- 1 Pork Products, 1961
- 2 Van Gend en Loos, 1963
- 3 Costa v. ENEL, 1964
- 4 Dairy Products, 1964
- 5 International Fruit, 1972
- 6 Van Duyn, 1974
- 7 Simmenthal, 1978
- 8 Sheep Meat, 1979
- 9 Internationale Handelsgesellschaft, 1970
- 10 States and Individuals in the Great Judgments of the European Court of Justice, 1961–1979
- Bibliography
- Index
1 - Pork Products, 1961
No Unilateral Safeguards
Published online by Cambridge University Press: 04 November 2020
- Great Judgments of the European Court of Justice
- Great Judgments of the European Court of Justice
- Copyright page
- Epigraph
- Contents
- Tables
- Acknowledgements
- Abbreviations
- European Court of Justice Cases
- Preamble and Selected Provisions of the Treaty of Rome
- Equivalence Table of Treaty Articles
- Introduction
- 1 Pork Products, 1961
- 2 Van Gend en Loos, 1963
- 3 Costa v. ENEL, 1964
- 4 Dairy Products, 1964
- 5 International Fruit, 1972
- 6 Van Duyn, 1974
- 7 Simmenthal, 1978
- 8 Sheep Meat, 1979
- 9 Internationale Handelsgesellschaft, 1970
- 10 States and Individuals in the Great Judgments of the European Court of Justice, 1961–1979
- Bibliography
- Index
Summary
This chapter discusses the Court’s 1961 judgment, Pork Products, where the Court insisted that the member states had no right to unilaterally adopt safeguard measures within the European Economic Community. Unlike many other trade treaties, the Treaty of Rome required that its member states request prior authorization from the European Commission before any safeguard or escape measures could be adopted. The Pork Products judgment, however, also revealed the inadequacy of the mechanisms explicitly provided for by the Treaty to ensure the effectiveness of this system. Making the Treaty of Rome’s prohibition on unilateral safeguard mechanisms effective would therefore require the direct effect of European law before national courts within the member states.
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- Great Judgments of the European Court of JusticeRethinking the Landmark Decisions of the Foundational Period, pp. 13 - 30Publisher: Cambridge University PressPrint publication year: 2019