Abstract
This chapter draws directly on the notion that the relationship between EC law and national law is bi-dimensional (8.1), and looks at two key facets of the ‘national dimension’: it examines first the third level of analysis identified in Figure 9.1 (the availability of national remedies within the constraints of the principles of non-discrimination and effectiveness articulated by the Court of Justice), and then turns briefly to the responses of some national courts to some of the principal conceptual and practical challenges posed by EC law.
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Further Reading
Craig (1993), ‘Francovich, Remedies and the Scope of Damages Liability’, 109 LQR 595.
van Gerven (1994b), ‘Non-contractual Liability of Member States, Community Institutions and Individuals for Breaches of Community Law with a View to a Common Law for Europe’, 1 MJ 6.
van Gerven (1995), ‘Bridging the Gap Between Community and National Laws: Towards a Principle of Homogeneity in the field of Legal Remedies?’, 32 CMLRev. 579.
Gravells (1989), ‘Disapplying an Act of Parliament pending a Preliminary Ruling: Constitutional Enormity or Community Law Right?’, PL 568.
Gravells (1991), ‘Effective Protection of Community Law Rights: Temporary Disapplication of an Act of Parliament’, PL 180.
Lewis and Moore (1993), ‘Duties, Directives and Damage in European Community Law’, PL 151.
Maher (1994), ‘National Courts as European Community Courts’, 14 LS 226.
Maher (1995), ‘A Question of Conflict: the Higher English Courts and the Implementation of European Community Law’, in Daintith (1995b).
Meads (1991), ‘The obligation to apply European law: is Duke dead?’, 16 ELRev. 490.
Szyszczak (1990), ‘Sovereignty: Crisis, Compliance, Confusion, Complacency’, 15 ELRev. 480.
Ward (1995), ‘Effective Sanctions in EC Law: A Moving Boundary in the Division of Competence’, 1 ELJ 204.
Wincott (1995b), ‘The role of law or the rule of the Court of Justice? An ‘institutional’ account of judicial politics in the European Community’, 2 JEPP 583.
de Witte (1991), ‘Community Law and National Constitutional Values’, LIEI, Issue no. 2, p. 4.
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© 1996 Jo Shaw
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Shaw, J. (1996). The National Dimension: Domestic Remedies for Breach of EC Law and National Reactions to the Challenge. In: Law of the European Union. Macmillan Law Masters. Palgrave, London. https://doi.org/10.1007/978-1-349-14127-2_10
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DOI: https://doi.org/10.1007/978-1-349-14127-2_10
Publisher Name: Palgrave, London
Print ISBN: 978-0-333-66481-0
Online ISBN: 978-1-349-14127-2
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