National Remedies Before the Court of Justice

Issues of Harmonisation and Differentiation

Michael Dougan

• Publisher: Hart Publishing
• Year: 2004
• Print ISBN: 9781841133959
• eBook ISBN: 9781847310422
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

The 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.

Table of contents

• Half Title Page
• Half Title verso
• Title Page
• Title verso
• Preface
• Contents
• Table of Cases
• Table of Legislation
• 1. Effective Judicial Protection Within the Community Legal Order
• 2. 'Integration Through Law' and the Enforcement Defecit Debate
• 3. Regulatory Differentiation Within the Community Legal Order
• 4. Regulatory Differentiation and the Enforcement Deficit Debate
• 5. The Court of Justice's Caselaw on National Remedies and Procedural Rules I
• 6. The Court of Justice's Caselaw on National Remedies and Procedural Rules II
• 7. Conclusion
• Select Bibliography
• Index