By Federico Mancini, Judge G. F. Mancini

Whilst he gave up the ghost in July 1999, Federica Mancini had served for seventeen years on the court docket of Justice of the ecu groups, first as an recommend common after which as a pass judgement on. As such, he participated in essentially the most vital judicial advancements in ecu neighborhood legislations thus far and witnessed the transformation of the neighborhood right into a financial and , to a undeniable quantity, political union. all through this time, he additionally contributed largely to educational debates and literature at the position of the court docket within the strategy of ecu integration, the altering nature of the ecu Union and on particular components of legislations resembling the safety of primary rights and hard work legislations. This choice of essays brings jointly his most crucial writings in English, which focus principally at the problems with democracy, constitutionalism and person rights within the eu Union. The publication offers the original viewpoint of somebody who witnessed the start of ecu integration, contributed to it at a later level in his existence and who carried an unfaltering trust within the supplies and benefits of a federal Europe.

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Law and the Court”, Collected Legal Papers (Peter Smith, New York, 1952), p. 291, at pp. 295–296. , supra n. 1, at p. 23. , supra n. 1, at p. 367. The Making of a Constitution for Europe 9 before the first reference made by a national judicial body—the Gerechtshof in The Hague—was received at the Court and legend has it that on that day there was abundant popping of champagne corks in the deliberation room. As time went by, however, requests for a preliminary ruling began to arrive in increasing numbers and by the end of the 1980s they amounted to 150 a year on average.

28. Constitutional Challenges Facing the Court of Justice 19 desolate ruin, evocative of the temple at Cape Sounion—beautiful but not of much practical utility. 2. THE CILFIT STRATEGY Those two essential points—namely, the vital importance of Article 177 and the ultimate unenforceability of the obligations imposed by it on national courts, must always be borne in mind when reading the two judgments, Da Costa5 and CIFLIT,6 in which the Court interpreted the third paragraph of Article 177. The two judgments are not entirely homogeneous: Da Costa admits of a single exception to the obligation to refer (the fact that the Court has already ruled on a question that is “materially identical”), while CILFIT is more permissive (the national court may refrain from referring, albeit in narrowly defined circumstances, even in the absence of a previous ruling), and learned writers have expatiated about this difference.

23. , supra n. 1, at p. 367. The Making of a Constitution for Europe 9 before the first reference made by a national judicial body—the Gerechtshof in The Hague—was received at the Court and legend has it that on that day there was abundant popping of champagne corks in the deliberation room. As time went by, however, requests for a preliminary ruling began to arrive in increasing numbers and by the end of the 1980s they amounted to 150 a year on average. More importantly, most national courts—about 95 per cent according to a survey carried out at that time—accepted the rulings they sought and some went so far as to accept even rulings requested by other courts when they had to decide a similar case.

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