179
Third working session — The future prospects
But in cases of manifest breach, the international norm should, as a rule,
be upheld. Among those cases one should definitely reckon those in which an
international adjudicator, such as the WTO panels and Appellate Body, has
established such a breach. Again not something the Court has been willing
to accept (
23
).
If we continue to believe, after 50 years, that
Van Gend en Loos
was a great
idea, cementing a cross-European rule of law, then it is perhaps time for the
Court to move further, and to be a protagonist in re-uniting the universes of
international and municipal law.
(
23
)
Van Parys
, cited above, and Joined Cases C-120/06 P and C-121/06 P
FIAMM and Others
v
Council and Commission
[2008] ECR I-6513.
