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Title: Judicial review of safeguard measures in the European Community
Author: Creally, E. P.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1991
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This thesis is an attempt to analyse the jurisprudence of the European Court of Justice in the review of safeguard measures in the European Community. The safeguard measures considered are the Community's anti-dumping and anti-subsidy rules under Regulation 2423/88, safeguard measures under Regulation 288/82 and rules to combat illicit commercial practices under Regulation 2641/84. These instruments are part of the European Community's arsenal designed to counteract unfair trade practices of Third Countries. Emphasis is placed on the anti-dumping rules given that the measures imposing anti-dumping duties are most frequently challenged before the Court. The thesis begins with a synopsis of the Community's competence to deal exclusively with these matters. The respective roles of the Community authorities and the Member States in the adoption of protective measures is also considered. In order to understand the rationale of the Court's rulings in cases involving safeguard measures each of the instruments are viewed from an international and European perspective. The latter involves an analysis of the Community's legislation with respect to the substantive and procedural rules governing the imposition of protective measures to combat unfair trade practices of Third Countries. Having placed the safeguard measures in their proper perspective, judicical review by the Court is viewed first from the standpoint of an applicant's locus standi or standing to challenge a Community act imposing protective measures. If an applicant has locus standi he may apply to the court for an award of interim measures pending the outcome of the main application. The rules relating to such awards are considered and the Court's rulings in cases involving safeguard measures are analysed. Judicial review 'proper' in the sense of the Court's review of the merits of the cases that have come before it to date are considered in the light of the grounds of review in Article 173 of the EEC Treaty. This final chapter attempts to determine the extent to which the Court is prepared to review the findings of the authorities upon which the measures were adopted.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available