European Community Law in the English Courts

Front Cover
Clarendon Press, 1998 - Law - 295 pages
This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a numberof particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field. The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal communityhas responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own.From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice`The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by ahandful of eccentric lawyers with a taste for the occult This is a very interesting book, and a very timely one. The editors are to be congratulated on assembling an outstanding team of judges, practitioners and academics to address these important, topical and challenging issues.'
 

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Contents

a Reconsideration
3
Giving Effect to Community Law
13
Indirect Effect of Directives in the Application of National
37
Claims for Damages against the State for Breach of Community
57
Aspects of Liability for the State and Public Bodies in English
67
Injunctions and Damages against the State for Breach
87
Judicial Review and the Role of the English Courts in European
101
Interpretation and Precedent in European Community Law
115
The Application of General Principles of Community
137
A Sense of Proportion
149
Community Competition Law in English Courts
165
Reliance on Commission Decisions in National Courts
179
Community Intellectual Property Law in English Courts
209
Community Law and Criminal Law
239
Some Points of Friction between English and Brussels
277
Copyright

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About the author (1998)


Francis JACOBS is Advocate General at the European Court of Justice. He is editor of the Oxford European Community Law Series.

Mads ANDENAS is Director of the Centre of European Law, Kings College, Law. He was previously Legal Adviser to the European Bank for Reconstruction and Development.

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