National remedies before the Court of Justice. Issues of harmonisation and differentiation

Abstract:

This book presents a critical analysis of the European Court of Justice’s rapidly developing approach to national procedural autonomy, and explores the difficult conceptual framework underpinning the case law.

The work is organised over seven chapters. The first provides the background to the study, outlining the basic legal framework essential for understanding the scholarship and the caselaw. Chapter two addresses integration through law and the contradictions sometimes presented by national remedies and procedural rules. Chapter three seeks to demonstrate that regulatory differentiation within the Community legal order is a fact, and illustrates the extent and nature of it. Chapter four debates the issue of regulatory differentiation and the enforcement deficit. Chapter five presents analysis of the Court’s caselaw on national remedies and procedural rules, while chapter six explores the pursuit of more positive harmonisation and the type of uniformity the Court is seeking. Chapter seven presents the findings of the study.

The work will interest scholars and practitioners in European law.

Michael Dougan is Professor of European Law at the University of Liverpool.