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.
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