European community law in the English courts

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European community law in the English courts

edited by Mads Andenas and Francis Jacobs

Clarendon Press, 1998

Available at  / 13 libraries

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Includes index

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Description

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 number of 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 community has 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 a handful 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.'.

Table of Contents

  • Foreword
  • Introduction
  • A. GIVING EFFECT TO COMMUNITY LAW IN ENGLISH COURTS
  • 1. Critics of the Court: A Reconsideration
  • 2. Giving Effect to Community Law
  • 3. Indirect Effect of Directives in the Application of National Legislation
  • 4. Claims for Damages against the State for Breach of Community Law
  • 5. Aspects of Liability for the State and Public Bodies in English and Community Law
  • 6. Injunctions and Damages against the State for Breach of Community Law a Legitimate Judicial Development
  • 7. Judicial Review and the Role of the English Court in European Community Disputes
  • B. GENERAL PRINCIPLES OF COMMUNITY LAW IN ENGLISH COURTS
  • 8. Interpretation and Precedent in European Community Law
  • 9. The Application of General Principles of Community Law by English Courts
  • 10. A Sense of Proportion
  • C. THE IMPACT ON SOME PARTICULAR AREAS OF LAW
  • 11. Community Competition Law in English Courts
  • 12. Reliance on Commission Decisions in National Courts
  • 13. Damages for Breach of Competition Rules
  • 14. The Community Law Impact in Employment Cases
  • 15. Community Intellectual Property Law in English Courts
  • 16. Judicial Attitudes to the UK Trade Marks Act 1994: Implementing the Approximation Directive
  • 17. Community Law and Criminal Law
  • 18. Tax Law: Rules or Principles?
  • 19. Some Points of Friction between English and Brussels Convention Jurisdiction

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