The Relationship Between European Community Law and National Law: The CasesAndrew Oppenheimer This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1994 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Major recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases and detailed index. |
Contents
Foreword by the Rt Hon Sir Leon Brittan QC | xiv |
List of Abbreviations | liii |
DECISIONS OF THE COURT OF JUSTICE OF | 27 |
Appendix | 925 |
Common terms and phrases
accordance adopted amendment Article 12 Article 177 Article 189 authorities Basic Law basis Bundestag BVerfGE claim Commission Community law Community regulations competence concerning conflict Conseil d'Etat Constitutional Council Court of Justice decision declaration direct effect directly applicable discrimination EEC Treaty employees enacted ensure Equal Pay European Communities European Court European Economic Community European Parliament European Union exercise Factortame Federal Constitutional Court Federal Republic French fundamental rights German Government grant guarantee House of Lords implement incompatible individuals infringement interim relief international law interpretation issue Italian Italian Constitution judgment judicial jurisdiction legal order legal system Maastricht Maastricht Treaty measures Member member-States municipal law national courts national law national legislation obligation paragraph powers preliminary ruling principle procedure proceedings pursuant to Article question ratification reference regard relation relied Republic of Germany sovereign sovereignty statute Treaty establishing Treaty of Rome Treaty on European Union Treaty United Kingdom validity