National Remedies Before the Court of Justice: Issues of Harmonisation and DifferentiationThe Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw. The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system. National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike. |
Contents
| xliii | |
1 Effective Judicial Protection Within the Community Legal Order | 1 |
2 Integration Through Law and the Enforcement Defecit Debate | 69 |
3 Regulatory Differentiation Within the Community Legal Order | 113 |
4 Regulatory Differentiation and the Enforcement Deficit Debate | 171 |
5 The Court of Justices Caselaw on National Remedies and Procedural Rules I | 227 |
6 The Court of Justices Caselaw on National Remedies and Procedural Rules II | 311 |
7 Conclusion | 389 |
| 397 | |
| 407 | |
Other editions - View all
National Remedies Before the Court of Justice: Issues of Harmonisation and ... Michael Dougan No preview available - 2004 |
Common terms and phrases
action adopted application approach Articles 81 authorities basis breach caselaw challenge claimant claims CML Rev Commission Common Market Community law Community’s competence competition concerning Consider Constitutional consumer cooperation Council Court of Justice damages decentralised decision developed differentiation Directive directly domestic economic effective effective judicial protection enforcement equal established Europe European European Union example exercise existence fact field final framework Francovich fundamental Further governing grant harmonisation held implementation imposed individual institutions integration interest Internal issues Italy Judgment legal order legislation liability limitation periods Market measures Member national courts nature objectives obligations Opinion particular parties possible practice principle procedural rules proceedings provisions reasonable recovery reference regards Regulation regulatory relating relevant remedies remedies and procedural reparation requirements respect scope sectoral seems situations social specific standards substantive suggested tion treatment Treaty undertakings uniformity