National Remedies Before the Court of Justice

Zusatztext 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. Informationen zum Autor Michael Dougan is Professor of European Law at the University of Liverpool. Klappentext This book 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. Zusammenfassung 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. Inhaltsverzeichnis 1 Effective Judicial Protection Within the Community Legal Order2 'Integration Through Law' and the Enforcement Deficit Debate3 Regulatory Differentiation Within the Community Legal Order4 Regulatory Differentiation and the Enforcement Deficit Debate5 The Court of Justice's Caselaw on National Remedies and Procedural Rules I6 The Court of Justice's Caselaw on National Remedies and Procedural Rules II7 Conclusion...

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

Texte du rabat
This book 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.

Résumé
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.

Contenu
1 Effective Judicial Protection Within the Community Legal Order 2 'Integration Through Law' and the Enforcement Deficit 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