The protection of Community rights before national courts : a critique of the case law

Abstract

This thesis seeks to contribute to the ongoing debate on the demarcation of powers between the European Community and its Member States in determining the remedies and procedural rules available at national level for the enforcement of EC rights.  It seeks to examine in more detail the case law of the ECJ on the protection of Community rights in national courts.  In particular, it examines a) the principle of direct effect, b) the remedies of judicial review, interim relief and restitution, c) the principle of Member States liability in damages, d) the principles of equivalence and effectiveness, e) the interplay between EC and ECHR law on remedies and procedures, f) the impact of EC law on the remedies before the Greek courts.  The thesis underlines the tension between conflicting values and describes the balancing approach of the ECJ.  It concludes that the goal of effective protection of Community rights is very much dependent on the degree of political integration sought by the Member States and may be compromised by various considerations, such as the diversity of the national legal systems, the doctrines of sovereignty and separation of powers, the weaknesses of judicial approximation and the resistance of national courts.

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