چکیده:
Anyone who has read the treaty establishing the European Community will have noticed that Member States are permitted to refrain from implementing the rights of the European Community on the grounds that the rule in question conflicts with their public order. Although these provisions—primarily in the area of internal market rules, which is the focus of this article—have remained unchanged since 1957, the case law of the European Court of Justice and subsequently secondary law show that Member States are strictly controlled in the use of their public order. The aim of this article is to prove that in practice, little of this exception (derogation) remains, even though we know that the European Court of Justice and secondary law have determined not only the concept and content of what could constitute a Member State's public order, but also the actual process of its implementation.
خلاصه ماشینی:
Although these provisions - mainly in the field of internal market rules, which is the focus of this article - have remained unchanged since 1957, the practice of the Court of Justice of the European Union and later secondary law shows that Member States are strictly controlled in the use of their public order.
The aim of this article is to prove that in practice, nothing of this exception (objection) remains, although we know that the Court of Justice of the European Union and secondary law have determined not only the concept and content of what could constitute the public order of a Member State, but also the actual process of its implementation.
The first time the European Court of Justice had to adjudicate a case involving such an exception, it made a decision based on the premise that Member States have a unique responsibility in defining their own public order.
If Member States were free in defining their own public order, the exact effect of that policy on the application of European rules would be a matter that the Court had the right to control, so as not to unnecessarily undermine the European foundation and structure.
Not only is the definition of the concept of public policy of Member States strictly controlled by the Court and secondary law, but the functioning of this exception itself is also almost entirely shaped by European Community law.
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