The reconciliation of national law with a transborder standard is at the heart of the European enterprise to create an integrated legal process. Such reconciliation is also necessary to establish a unified political community with common core values. The various cases that are analyzed in this issue address critical questions of law and policy, and demonstrate the court’s progress in elaborating a communitarian practice in the various subject areas.
In the cases that are studied, the ECJ rendered preliminary rulings on previously unresolved issues of Community law. The ECJ has the power under Article 177 ofthe EC Treaty to issue preliminary rulings on questions of Community lawpresented to a national court. The preliminary ruling has a binding effect on the national courts, which in turn implement the decision into their own decisional law. Ideally, this process provides for the uniform interpretation of Community law and s necessary for its uniform application. Questions regarding protection of television and radio broadcasters’ rights, the free movement of persons between and among Member States, state monopolies of employment placement offices, gender-based discrimination in employment, and protection of the image of a luxury perfume for trademark purposes--have all been recently presented to the ECJ, and are analyzed in this issue.
Thomas E. Carbonneau, Introduction - Denver Journal of International Law and Policy, 27 Denv. J. Int'l L. & Pol'y 545 (1999).