National Remedies Before the Court of Justice: Issues of Harmonisation and Differentiation

(Hardback)

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Description

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 Courts 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 Courts 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.

Reviews

This is a fine book indeed, which is wonderfully researched and carefully arguedThe result is a dense, intellectually worthwhile book -- Damian Chalmers * Administrative Court Digest *
the current reviewer wishes to stress the original approach of the book,The value of the book lies, indeed, in the author's attempt to establish a conceptual framework and a 'legal prism' through which the European Court's jurisprudence can be viewed. -- Mariolina Eliantonio * Maastricht Journal *
...very well written and most valuable for its analytical review of a massive volume of case law. -- Roberto Caranta * European Law Review *
This monograph makes a major contribution to the current academic discourse on national remedies. Not only will it have a significant impact on future research in this area, but it will undoubtedly become a standard reference point for European legal scholars. -- Sara Drake * European Public Law, Vol 12, no.1 *

Author Bio

Michael Dougan is Professor of European Law at the University of Liverpool.