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Application of National and International Law by the European Courts

The question of the ____________of the national law of the Member

States by the Union institutions was raised on several occasions before

the Court. The latter however, _________________that it lacked the

__________ to apply the internal law of the Member States.

____________, the Court cannot accept a

_______that by taking a decision an institution has

________national law. Neither can the Court decide on the

interpretation of a national__________. However, application of

__________law by the Court takes place where the Treaty

_______ explicitly to national concepts. This is the case, for instance,

where reference is made to companies and firms formed in accordance

with the law of a Member State. Also when the Treaty provides that,

in the case of non-contractual________, the Union shall make good

any damage caused by its institutions or by its_______, " in accordance

with the general principles common to the laws of the Member States"

._________, when the Court is called upon to

________ a question for which there are no Treaty provisions, it must

solve the problem, "by reference to the rules acknowledged by the

legislation, the ________writings and the case law of the

member-countries”.

In numerous cases the Court was called upon to interpret and________

international law. According to the General Court (GC), it is only

in case the Union ___________to implement a specific obligation

assumed in the framework of an international agreement, or when a

Union act refers explicitly to a specific provision of an ___________

agreement, that the Union courts are called upon to control the

__________ of the Union act in regard to that agreement. In a recent

____________, the Court held that the

__________of the Directive on ship-source pollution could not be

________ either in the light of the International Convention for the prevention of pollution from ships, nor in the light of the _______ Nations

Convention on the Law of the Sea (Montego Bay).

Apply

Decisive

Competent

Consequence

Claimant

Violation

Provide

Nationalise

Reference

Liable

Service

Similarity

Resolve

Learner

Application

Intention

Nation

Legal

Judge

Valid

Assessment

Unity

Vocabulary Notes:

  1. to make good a / some damage – устранить причиненный ущерб

  2. ship-source pollution – загрязнение окружающей среды кораблями

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

protection; favourable; direct effect; ensuring; domestic; jurisdiction