EC law in the UK

Book abstract:

Another addition to the Longman's European law series is this title devoted specifically to the position of Community law at the national level in the United Kingdom.

'EC Law in the UK' reviews the possibilities for legal redress in the UK courts when rules of Community law are violated. The analysis focuses as far as possible on case law decided by the UK courts and adopts the perspective of the individual litigant, thus showing the role played by lawyers and litigation in the shaping of the Community legal system. The book also illustrates the all-pervasive influence of Community law on UK national law highlighting that EC is not 'foreign law' as is commonly perceived. Instead, the author shows that Community law is an integral part of UK law that can be applied in virtually any area of legal practice.

The book opens with a chapter which explains sources of Community law and also its autonomy. This forms the basis for a discussion in Chapter 2 of why UK courts are involved in the protection of Community rights. Following on from this, Chapter 3 looks at the obstacles to the enforcement of Community law by national courts. The role of Article 234 and the European Court of Justice is the focus of Chapter 4 which also looks at practice in the UK courts. Chapter 5 adopts the Community perspective for an examination of the techniques available to give effect to Community law in national courts while Chapter 6 looks at how Community law influences the working of national judicial systems. The principle of state liability is discussed in Chapter 7 and this is developed in Chapter 8 which looks at how UK courts works as Community courts by enforcing directives against the state. The final chapter focuses on the influence of Community law on national criminal law and procedure.

This book will be useful reading for students on LLB, CPE and postgraduate courses in EC law, and a useful adjunct to constitutional and English legal system courses where the EC dimension is becoming increasingly important. Practitioners may also find the coverage of the book relevant to their needs.

The author, Christine Boch, is a French trained lawyer living in Scotland who lectures at the Europe Institute at the University of Edinburgh.