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The Application of EC Law by National Courts - The Free Movement of Goods (Hardcover)
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The Application of EC Law by National Courts - The Free Movement of Goods (Hardcover)
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The decentralized system for the enforcement of European Community
law, and the early development by the European Court of Justice
(ECJ) of the dual doctrines of supremacy and direct effect,
requires national courts of Member States to play a crucial role in
the European legal order. Jarvis's book examines the application of
European Community law by the national courts and assesses their
increasingly important role in the judicial architecture of the
Community. The author focuses on the application of the rules of
the EC Treaty concerning the free movement of goods (Articles
30-36), one of the largest and most mature areas of substantive EC
law. He has undertaken an exhaustive examination of relevant case
law from the national courts of the United Kingdom, France and the
Netherlands, while also covering the most significant developments
in the courts of other Member States. Jarvis also examines the
links between the huge corpus of case law and the implementation of
EC law through Directives and national legislation. This ambitious
book will be welcomed as a significant advance in our growing
understanding of the importance of national courts in the EC legal
order. From the authors Preface Selecting the appropriate balance
in the title for this book was a difficult task. The dilemma was
essentially whether the title should most reflect the emphasis in
this work on the more general application of European Community law
by national courts, or rather accent the specific area of the free
movement of goods provisions within the EC Treaty. Since the issues
arising from the application of the free movement of goods
provisions by the national courts have such wide implications
(being representative of the application of any of the other four
freedoms and indeed the application of EC law by the national
courts in general) it was felt that this should be reflected in the
title. It is hoped that this work will add to the growing awareness
of the pivotal role played by the national courts as the Community
courts, whilst also providing a thought provoking analysis of the
free movement of goods provisions in the EC Treaty
General
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