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| | Reid, ‘Judicial Review and the Protection of Non-commercial Interests in the European Community’ [2000] 1 Web JCLI |
 | | The Court has also been explicit that, in relation to fundamental rights, it is acting in pursuit of the enforcement of Community law: where the enforcement of Community law impinges also on matters relating to the ECHR, this must be respected as part of the Community legal order. |
 | | (Case 260/89, Elliniki Radiophonia Tileorassi AE (ERT) v Dimotiki Etairia Pliroforissis [1991] ECR I-2925, at paragraph 42.) It has been equally careful, however, to reassure the Member States, where dealing with national legislation, that it will not interfere in fields in which it has not been given competence. |
 | | In Case C-299/95 Kremzow v Austria, [1997] ECR I-2629, [1997] 3 CMLR 1289, the Court clearly made an attempt to draw a line as to how far the interpretation of "scope of community law" would go: refusing to interpret the ECHR as the matter was not genuinely within the scope of Community law. |
| webjcli.ncl.ac.uk /2000/issue1/reid1.html (5856 words) |
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