No Unilateral Safeguards
Published online by Cambridge University Press: 04 November 2020
This chapter discusses the Court’s 1961 judgment, Pork Products, where the Court insisted that the member states had no right to unilaterally adopt safeguard measures within the European Economic Community. Unlike many other trade treaties, the Treaty of Rome required that its member states request prior authorization from the European Commission before any safeguard or escape measures could be adopted. The Pork Products judgment, however, also revealed the inadequacy of the mechanisms explicitly provided for by the Treaty to ensure the effectiveness of this system. Making the Treaty of Rome’s prohibition on unilateral safeguard mechanisms effective would therefore require the direct effect of European law before national courts within the member states.
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