Public Order in European Law

13 Pages Posted: 31 Oct 2007

See all articles by Catherine Kessedjian

Catherine Kessedjian

Université Paris II - Panthéon-Assas

Abstract

Anyone who has read the Treaty instituting the European Community has noticed that member states are allowed to prevent the application of European Community law by arguing that the rule at stake contradicts their public policy or public order. Although these provisions - mainly in the ambit of the internal market rules, which is the focus of this article - have remained unchanged since 1957, the European Court of Justice case law, and later secondary law, shows that the member states are closely controlled in the use they make of their public policy. The purpose of this article is to verify whether in practice anything remains of that exception, knowing that the court and secondary law have not only defined the content of what might constitute a member state's public policy but also its concrete process of application.

Suggested Citation

Kessedjian, Catherine, Public Order in European Law. Erasmus Law Review, Vol. 1, No. 1, 2007, Available at SSRN: https://ssrn.com/abstract=1026205

Catherine Kessedjian (Contact Author)

Université Paris II - Panthéon-Assas

12 place du Pantheon
Paris cedex 06, 75231
France

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