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by Steve PEERS (English)

Who's judging the watchmen? : The judicial system of the Area of Freedom, Security and Justice

The function of the ECJ in the EC Treaty, according to Article 220 (former 164) EC, is to 'ensure that in the interpretation and application of this Treaty the law is observed'. More precisely, since even the original EEC Treaty contained far more obligations and allowed for adoption of far more implementing measures than perhaps any other international treaty, it was essential to have a standing court to control the legality of acts of the ECinstitutions and to ensure the uniform interpretation of EC law. But the Maastricht-era Title VI EU aimed to harmonize national law in very sensitive areas without effective judicial control over the legality of acts or their uniform interpretation.  Does the extension of the ECJ's jurisdiction to JHA matters in the Amsterdam Treaty solve this problem? This paper analyses and critiques these new provisions, and suggests an interpretation of them which would arguably best enable the ECJ to ensure respect for the objectives of legal control and uniform interpretation. It examines in turn the pre-Amsterdam jurisdiction of the Court, Title IV EC, the revised Title VI EU, 'borders' between jurisdictional systems, Protocols, and clauses restricting ECJjurisdiction. But however the new provisions are interpreted, they still fall far short of an effective system for ensuring these objectives.

Journal/Publisher: Yearbook of European Law, Volume 18, Issue 1

Publication type: Article

Number of pages/Page range: 337-413

Language/s (content): English

Date of publication: 02-01-98

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Full name Steve PEERS

Current occupation Member

University/Institution University of Essex

Address Wivenhoe Park

Postal code CO4 3SQ

Telephone 0044 1206 873333