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International standards in administrative law

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The State Council had explicitly recognized that international standards were the major sources of law. During 1952, before the Nicolo Judgment on May 30, 1952, Lady Kirkwood had stated: ?The State Council considers that an international treaty is binding on its administration'. International standards were those standards that the administration had met but its pressure was not very significant. Strengthening the international order, more prominently, the community order has changed its data. Thus, the government is pressurized to respect international standards and thus the proposal is much stronger than before.

Judgment of 8 February 2007, Arcelor Lorraine Aquitaine: the group challenged a decree implementing a Community directive, which itself was implementing a provision of the Kyoto Protocol on emission allowances in greenhouse gas emissions. If an order violates a constitutional principle, it is illegal. But in this case, it merely repeats, almost word for word, an EU directive, which applies to national authorities. Section 88.1 of the Constitution provides that "the Republic participates in the European Communities and the European Union" and therefore, endorses the steps taken by the union, therefore, the directives required by section 55 and section 88.1. But in domestic law, the Constitution is the supreme legal entity.

Now by decree transposing an EU directive, the State Council can begin to consider whether in the Community system, there is a principle equivalent to the constitutional standard.

This standard exists in this case: in fact, equality is a principle of community. Here we not only have an equivalence between two standards (constitutional and community) but also equivalence between the rule in question and the Community text (order and disposition).
When there is no community standard equivalent to a constitutional standard, it is the constitution that triumphs, for it is prevailing in the domestic legal order. Ignorance of the constitution by a decree which transposes a Community directive causes the removal of the decree. So there is a conflict of norms, since the ECJ considers that EU standards are needed at national level (Costa, 1964). The State Council now admits a decree transposing a unconstitutional directive if there is a change in the constitution.

The general international law - Found in the first rank of international conventions, bilateral or multilateral European conventions, including the ECHR. The European Court adjudicates disputes relating to general international law. International conventions are doubled because of the importance of Article 55 does not speak of "convention" but "treaty or agreement." Their importance is uneven and way of conclusion varies.

The agreements constitute the bulk of international standards, but the Court of Justice in Article 38 reveals the existence of other international standards such as international custom which was formerly of great importance.

Judgement of 6 June 1997, Aquarone: the State Council recognizes the existence of international customs and their application, but in this case it will not apply because the law acts as a shield.
Judgement of 28 June 2000, Paulin: application of an international standard or convention, in this case, an international principle. Same case, the State Council will not apply this principle, because the law prevents it.

Tags: Nicolo Judgment, ECHR, Community directive

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