Abstract
Opportunities are increasing for Australian corporations to export to Europe and to carry on business there. Until recently, there has been very little federal power in European Community — legislation was adopted by Council of Ministers from member states only on basis of unanimity achieved by package deals. That is now changing, and a uniform internal market embracing a population of 320 million is only just over horizon. There is much to be done, however, before that becomes a reality. Accordingly, methods of developing Community law should be of interest. Those concerned with concept of half sovereign states and federal constitutions might also be interested in way that a constitution said to be incapable of entrenchment has become subject to Community law. The European Economic Community (EEC) was established under Treaty of Rome 1957 (hereafter called the Treaty). Although it was intended to fall short of a federal state, governments were expected to co-operate in ways that go beyond normal international treaties.1 Community law was to be created by acts adopted by Council of Ministers, irrespective of monist or dualist character of municipal legal order of member states. Nevertheless, member states would have a hand in such law making,since ministers in Council were those appointed by them.
Highlights
Opportunities are increasing for Australian corporations to export to Europe and to carry on business there
The internal market, that is the rules for free movement which are an important part of the common market, should have been completed by 1970.29 The Commission's white paper on the internal market[30] submitted to the Council at the inter-governmental conference convened under Article 236 of the Treaty at the Summit in Milan lists a large number of measures that should be taken by 1992 to establish the internal market — this means the free movement of goods, workers, services and capital, but does not include other elements of the common market, such as the uniform commercial tariff which is already effective
It seems clear that within the limited field covered by the European Economic Community (EEC), the Queen in Parliament has given up sovereignty over limited, but important, areas of law
Summary
Opportunities are increasing for Australian corporations to export to Europe and to carry on business there.
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