Traduction de «translation of droit communautaire-droit interne » (Français → Anglais) :

I. whereas there is no authoritative definition of what a sanction is under either international law or EU/EC law; whereas, however, within the framework of the CFSP, sanctions or restrictive measures are regarded as measures interrupting or reducing, wholly or in part, diplomatic or economic relations with one or more third countries which seek to bring about a change in certain activities or policies, such as violations of international law or human rights, or policies that do not respect the rule of law or democratic principles b ...[+++]y governments of third countries, non-state entities or natural and legal persons,

For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the national law of its place of establishment or under Community law or international law, having legal personality and being entitled to have rights and obligations of any kind in its own name.

3. The legally qualified member and his alternate shall be a graduate in law and qualified by recognised experience in Community and international law.

Until a few years ago, the relationship between Community law, on the one hand, and national constitutional law, on the other, seemed largely to have been clarified: although the Community Treaties contain no explicit provisions governing the question of hierarchy, the European Court of Justice had consistently upheld, since its 1964 and 1970 judgments in the cases of Costa v. ENEL and Internationale Handelsgesellschaft, the absolute supremacy of both primary and secondary Community law over all provisions of national law - including constitutional law and the fundamental rights guaranteed thereby. While the Member States' national const ...[+++]itutional courts initially concurred with this legal viewpoint to a very large extent, recent years have seen the development of resistance, which has been spearheaded by the decidedly nationally-minded judgments, which are only partially supportive of integration, issued by the German Federal Constitutional Court and the Danish Supreme Court.

Moreover, the Conference, while recognizing that it must be for each Member State to determine how the provisions of Community law can best be enforced in the light of its own particular institutions, legal system and other circumstances, but in any event in compliance with Article 189 of the Treaty establishing the European Community, considers it essential for the proper functioning of the Community that the measures taken by the different Member States should result in Community law being applied with the same effectiveness and rigour as in the application of their national law.

It also takes into account reports made by non-governmental organisations ("NGOs") active in the environmental sphere and developments in Community and international law.