”Le droit communautaire – c’est moi !”: Statsmonopol, national ret og euro-integrationisme i tiden efter Danmarks indtræden i EF

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  • Magnus Esmark
The Danish accession to the European Communities 1973 provides – together with the cases of Ireland and the UK – a first example of how more than 20 years of accumulated legal canon from the EC could be integrated en bloc into the national legal spaces.
Community law, constructed as a legal form sui generis on the European legal field during the 1950’s and 1960’s, contain fundamental, legal-logical discrepancies to national law. Moreover, few legal actors in Denmark had practical knowledge within the area, leaving them prone to considering this new form of law a threat to their old positions on the legal field.
In this article, I will show how the traditional symbolic hierarchies in Danish law were amalgamated following the accession in a process were the central administration won terrain relative to practitioners and judges concerning the right to define community law in Denmark.
Original languageDanish
JournalPraktiske Grunde: Nordisk tidsskrift for kultur- og samfundsvidenskab
Issue number1-2
Pages (from-to)23-42
Number of pages19
ISSN1902-2271
Publication statusPublished - 1 Dec 2020

ID: 250429617