The Gazette 1975

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