The Application of EC Law by National Courts
The Free Movement of Goods
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Product details:
- Publisher OUP Oxford
- Date of Publication 30 July 1998
- ISBN 9780198265955
- Binding Hardback
- No. of pages540 pages
- Size 242x164x33 mm
- Weight 976 g
- Language English 0
Categories
Short description:
This book examines the application of European Community law by the national courts of the EC Member States 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, providing a systematic and detailed coverage of this central and rapidly developing area of law. Jarvis 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 other Member States. The author 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 understanding of the crucial role of national courts in the EC legal order.
MoreLong description:
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
A highly detailed resource with many useful references to rulings, a selective biography and an index.
Table of Contents:
Introduction
Article 30 and imports
Actually or potentially hindering intra-community trade
Article 34 and exports
Reverse discrimination and purely national methods
The rule of reason
Article 36 grounds of justification
Intellectual Property Rights
Completion of the internal market and the effect of community harmonisation legislation
Remedies for breach of the free movement of goods rules before national courts
Preliminary references to the ECJ under article 177
Conclusion
