Saturday, May 5, 2012

Orfinger v. Belgium case brief

Orfinger v. Belgium

-P challenged royal decree on recruitment criteria for Belgian civil service.  Decree required applicants to be Belgian nationals/ or nationals of another EU State.  P objected to making nationals of other member states eligible (invoked Constitution which said only Belgians eligible). 
-P stated, Int’l law does not authorize states to make treaties that are contrary to their own Constitution and that an amendment was needed first.

-In case of conflict between a rule of national law and a rule of international law of direct effect in the national legal order, the rule established by the Treaty must prevail. 

-Court of Justice stated relying on provisions of national law would result in undermining the utility and efficiency of Community law and therefore can not be accepted, even where the provisions of national law are those of the Constitution.
-Belgium can leave if they don’t like it or try to negotiate.  As long as such an initiative has not taken place, the principle of rule of law requires Community law be fully applied. 

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