Paragraph 2: Denmark's Reservation Toward EC Harmonization?
Paragraph 2: Denmark’s reservation towards EC Harmonization.
Denmark has a special position as regards EC legislation under Title IV TEC, according to Protocol adopted by 1997 Amsterdam Treaty and annexed to the Treaty on European Union and the Treaty Establishing the European Community (TEC). Referring to the 1992 Edinburgh Decision of the European Council concerning certain problems raised by Denmark on the Treaty on European Union, article 1 of the Danish Protocol provides that Denmark will not take part in the adoption by the Council of proposed measures pursuant to Title IV TEC.
According to article 2 of the Protocol, the provisions of Title IV TEC, the provisions of any international agreement by Community to this Title, and the decisions of European Court of Justice in this topic are not binding or applicable in Denmark. However, these provisions affect the competences and the …show more content…
Nevertheless, the cases before Refugee Appeals Board, the composition and organization of the Board can lead to conclusion that the proceedings are narrowly focused on domestic legislation. It appears that the decision making procedure has a little transparency and much political focus on its activities. This means, that this administrative body seems to be less favorable to internationalization. It needs to be taken into account that Denmark has strong traditions of dualism regarding the sources of law and the legal reasoning in the courts
Denmark has a special position as regards EC legislation under Title IV TEC, according to Protocol adopted by 1997 Amsterdam Treaty and annexed to the Treaty on European Union and the Treaty Establishing the European Community (TEC). Referring to the 1992 Edinburgh Decision of the European Council concerning certain problems raised by Denmark on the Treaty on European Union, article 1 of the Danish Protocol provides that Denmark will not take part in the adoption by the Council of proposed measures pursuant to Title IV TEC.
According to article 2 of the Protocol, the provisions of Title IV TEC, the provisions of any international agreement by Community to this Title, and the decisions of European Court of Justice in this topic are not binding or applicable in Denmark. However, these provisions affect the competences and the …show more content…
Nevertheless, the cases before Refugee Appeals Board, the composition and organization of the Board can lead to conclusion that the proceedings are narrowly focused on domestic legislation. It appears that the decision making procedure has a little transparency and much political focus on its activities. This means, that this administrative body seems to be less favorable to internationalization. It needs to be taken into account that Denmark has strong traditions of dualism regarding the sources of law and the legal reasoning in the courts