Darren Smyth

Two gaps instead of one: the CJEU's effect on Supplementary Protection Certificate jurisprudence

Richard Dawkins reports an observation of interactions with proponents of creationism, who point to gaps in the fossil record as showing that evolution by natural selection is not correct. If, Dawkins says, an intermediate species fossil is subsequently discovered, the creationists consider their position to be strengthened, not weakened, because “Now there are two gaps instead of one!”. A similar pattern can be discerned in the realm of referrals to the Court of Justice of the European Union (CJEU) concerning the SPC Regulation. 1 When a na