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Publishers Abstract:
Some will argue that the history of the Services Directive is a sign of healthy progress from technocratic legalism to democratic choice. Partisans of a settlement of the constitutional debate along conventional lines are likely to welcome the emergence of the European Parliament as the dominant player, and those who see the economic provisions of the Treaties as an Anglo-Saxon plot will welcome the assertion of competing values. There will be those, too, who will be glad to see the power of the Court of Justice diminished and its wings clipped. It is the power and duty of the Court to interpret the Treaty in accordance with internationally recognised canons of interpretation in order to ensure that the law is observed. It is the obligation of the political institutions, including the Parliament, to work within the bounds of that interpretation unless and until the Treaty itself is amended by those who have power to amend it.
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