Non-Compliance of National Courts: Remedies in European Community Law and Beyond

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T.M.C. Asser Press, Oct 27, 2005 - Law - 221 pages
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National courts play a pivotal role in making EC law a living truth for citizens. Individuals may turn to the courts in order to invoke rights derived from Community law. However, the capacity of individuals to effectively enforce their Community law rights depends crucially on the correct application of Community law by national courts. This book is the first to deal with possible legal responses in the Community legal order and beyond, when national courts incorrectly apply Community law. Rooted in a rigorous contextual analysis of recent jurisprudence, this work discusses various alternatives for future developments in the Court ́s case law. The author explains the often uneasy nature of the relationship between national courts and the ECJ. He explores common concerns voiced against an excessive degree of accountability for judicial conduct.

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About the author (2005)

Assistant Professor of European Law at the Université de Fribourg, Switzerland, and a visiting lecturer at the Academia Istropolitana Nova in Bratislava.

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