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Book Reviews
Gijlstra (D.J.), Schermers (H.G.), Volker (E.L.M.)
and Winter (J.A.)—Leading cases and materials on the
Law of the European Communities. 8vo;
xxi, 300p.
Kluwer, The Netherlands, 1975; paperback, £5.70.
This collection of cases and materials on European
Community Law is the most up to date available at
present. It is published under the auspices of the
Europa Institute of the University of Amsterdam.
The learned editors in their introduction explain that
they have prepared "an introductory case-book of
moderate size (and moderate price) covering the main
topics in all important fields of Community Law, parti-
cularly for use in introductory courses in European
Law." However, they recommend that the case-book be
read in conjunction with one of the following text-
books on European Community Law: Kapteyn and
Verloren Van Themaat; Parry and Hardy; Mathijsen.
About half the book is devoted to substantive law,
the remainder being evenly divided between the Court
of Justice, the other Institutions, and the relationship
between Community Law and National Law.
The volume is divided into five chapters. Chapter
one was arranged by Mr. Volker. It deals with institu-
tional problems. The first extract is an abbreviated
version of Emile Noel's slightly dated article (1973)
entitled "How the European Community's Institutions
Work". Thankfully, references to the following parts of
the case-book have been added. The text of the Luxem-
bourg Agreement of 1966 is also included in the first
chapter.
The defective functioning of the European Com-
munity institutions is becoming more evident over the
years. The Council has the most trouble in mastering
its problems of functioning. Therefore, some suggestions
for improvement in its working methods are made. It is
a pity that the learned editor has not included the text
of the Draft Convention on the Election of Members
of the European Parliament by Direct Universal
Suffrage.
Chapter two (written by Professor Schermers), re-
lates to the Court of Justice of the European Com-
munities. It is surprising to note that of the decisions
of the Court which are reported in this work the editors
include the submissions of the Advocate-General in only
one case. There are four Advocates-General in the
Court of Justice. Under Article 166 of the EEC Treaty
it is the duty of the Advocate General to make sub-
missions on cases brought before the Court in order to
assist the Court in ensuring the observance of the law
in the interpretation and the application of the Treaties.
He must maintain his independence from the Court.
The Advocate-General is of particular interest as he has
no direct equivalent in the Irish legal system.
In Chapter three Mr. Winter looks at the relation-
ship between Community Law and National Law.
Chapters two and three are based mainly on Brinkhorst
and Schermers'
Judicial Remedies in the European
Communities: A Casebook
, but some new material has
been added.
Chapters four and five were prepared by Mr. Gijlstra.
Chapter four deals with the Foundations of the Com-
munity. There are cases on those articles of the EEC
Treaty which set out the basic principles of the Com-
munity. There are also cases on the four freedoms: free
movement of goods, of persons, of services, and of
capital. Chapter five relates to the policy of the Com-
munity including (1) Competition Policy (A. Rules
applying to undertakings. B. Dumping. C. State-Aid);
(2) Harmonisation of Laws; (3) Economic and Social
Policies; (4) Sectorial Policy.
There is a useful and elaborate diagram at the
beginning of the book showing the various stages of the
decision making procedure followed when important
decisions of the Council are involved. The first of the
five stages concerns the preparation of proposals. In-
terest groups give an idea for a proposal and this idea
is examined by working conferences of national experts
who consult the Commission in depth. At the second
stage, the European Commission, if it has adopted the
proposal, sends it on to the Council of Ministers. The
Council then sends the proposal to the Committee of
Permanent Representatives, and to the European Parlia-
ment and to the Economic and Social Committee. The
third stage is the consultation stage where the Euro-
pean Parliament and the Economic and Social Com-
mittee consider the proposal and send in their formal
advice. At the fourth stage the Committee of Permanent
Representatives refers the proposal to a working party
(which often consists of the experts referred to above in
the first stage seeing the proposal at a more advanced
stage). Then in the fifth and last stage the Council
makes its decision. It would seem, therefore, that the
legislative process is untidy. Considerable time elapses
before decisions are taken in relation to important
matters.
Throughout, the material is presented under clear
headings, which is essential in a book of this nature.
Within the same volume there are included reports of
well over a hundred cases of the Court of Justice (and
the more important cases are treated at length), useful
commentaries on the effect of the cases reported, de-
tailed references to further reading, lists of questions for
discussion, and so on. In Chapters four and five there
are generous extracts from the First Report on Competi-
tion Policy. A helpful introduction to each chapter is
provided. The latest judgments reported in this work
are those of December 1974. It is unfortunate that
Ireland v. E.C.C.
case (The Tomato case)—157/73—
(1974) CMLR 429—21 March 1974—is not reported
here.
European Law has been much developed through
case law. A case book is an important means of teaching
and provides the student with an easier means of
approaching and learning this subject.
This collection should become one of the basic books
on courses of European Community Law in the Irish
Law Schools. Also, it should be found in the libraries
of those practitioners who are interested in this area
of the law.
Hugh M. Fitzpatrick
Winfield (Sir Percy) and J. A. Jolowicz—The Law of
Tort. 10th edition by W. V. H. Rogers,
liii, 672p;
London: Sweet & Maxwell, 1975; paperback £7.50.
The late Sir Percy Winfield edited the first 5 editions
of this work from 1937 to 1950, while Professor Jolo-
. 3 1 0