Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY AN INSTITUTION - REGULATION - APPLICATION - OBLIGATION OF MEMBER STATES

( EEC TREATY , ARTICLE 189 )

2 . OBLIGATIONS OF MEMBER STATES - UNILATERAL ACTION CONTRARY TO THE TREATY - FAILURE IN THE DUTY OF SOLIDARITY

Summary

1 . IT CANNOT BE ACCEPTED THAT A MEMBER STATE SHOULD APPLY IN AN INCOMPLETE OR SELECTIVE MANNER PROVISIONS OF A COMMUNITY REGULATION SO AS TO RENDER ABORTIVE CERTAIN ASPECTS OF COMMUNITY LEGISLATION WHICH IT HAS OPPOSED OR WHICH IT CONSIDERS CONTRARY TO ITS NATIONAL INTERESTS . PRACTICAL DIFFICULTIES WHICH APPEAR AT THE STAGE WHEN A COMMUNITY MEASURE IS PUT INTO EFFECT CANNOT PERMIT A MEMBER STATE UNILATERALLY TO OPT OUT OF FULFILLING ITS OBLIGATIONS .

2 . FOR A STATE UNILATERALLY TO BREAK , ACCORDING TO ITS OWN CONCEPTION OF NATIONAL INTEREST , THE EQUILIBRIUM BETWEEN THE ADVANTAGES AND OBLIGATIONS FLOWING FROM ITS ADHERENCE TO THE COMMUNITY BRINGS INTO QUESTION THE EQUALITY OF MEMBER STATES BEFORE COMMUNITY LAW AND CREATES DISCRIMINATION AT THE EXPENSE OF THEIR NATIONALS . THIS FAILURE IN THE DUTY OF SOLIDARITY ACCEPTED BY MEMBER STATES BY THE FACT OF THEIR ADHERENCE TO THE COMMUNITY STRIKES AT THE VERY ROOT OF THE COMMUNITY LEGAL ORDER .