Some Observations on the European Court of Justice’s post-Francovich Jurisprudence (p179-194)

Summary: This article argues that the Francovich line of cases has revealed certain pro-integration leanings of the European Court of Justice. Following the Francovich judgment - considered reasonable by the vast majority of commentators - the Court has over time gone on to develop an expansive and sweeping doctrine of state liability to individuals with respect to the state's failure to implement directives - all this without much, if any, support in Community legislation. In developing this doctrine, the Court has overstepped its role as the interpreter of Community law and obscured the demarcation of powers and competencies between Member States and the European Union. The concrete implications of this development range from undermining the functionality and institutional structure of the European Union, to imposing high and unnecessary costs on Member States.