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European Community Law in the English Courts

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ISBN13: 9780198265924
ISBN: 0198265921
Published: July 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This book examines from a practical perspective the increasingly significant impact of European Community law on English domestic law and procedure. It examines both the general principles of how EC law is given effect in the English courts, and also the impact that EC law has had on a number of particular key areas of English law. The highly eminent team of contributors is drawn from members of the judiciary and leading academics and practitioners in the field.

The volume will be welcomed by practitioners and scholars alike as an illuminating study of how the domestic legal community has responded to the challenges posed by a new legal system which seems fundamentally different in many respects from their own.;From the Foreword by Lord Bingham of Cornhill, the Lord Chief Justice;'The book makes plain the pervasive influence of Community Law on broad swathes of our economic and social life. Through the medium of our national courts, Community Law has become a central feature of legal life, and it can no longer be seen (as perhaps it once was) as an arcane study pursued by a handful of eccentric lawyers with a taste for the occult

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Subjects:
EU Law
Contents:
Foreword
Introduction
A. GIVING EFFECT TO COMMUNITY LAW IN ENGLISH COURTS
1. Critics of the Court: A Reconsideration
2. Giving Effect to Community Law
3. Indirect Effect of Directives in the Application of National Legislation
4. Claims for Damages against the State for Breach of Community Law
5. Aspects of Liability for the State and Public Bodies in English and Community Law
6. Injunctions and Damages against the State for Breach of Community Law a Legitimate Judicial Development
7. Judicial Review and the Role of the English Court in European Community Disputes
B. GENERAL PRINCIPLES OF COMMUNITY LAW IN ENGLISH COURTS
8. Interpretation and Precedent in European Community Law
9. The Application of General Principles of Community Law by English Courts
10. A Sense of Proportion
C. THE IMPACT ON SOME PARTICULAR AREAS OF LAW
11. Community Competition Law in English Courts
12. Reliance on Commission Decisions in National Courts
13. Damages for Breach of Competition Rules
14. The Community Law Impact in Employment Cases
15. Community Intellectual Property Law in English Courts
16. Judicial Attitudes to the UK Trade Marks Act 1994: Implementing the Approximation Directive
17. Community Law and Criminal Law
18. Tax Law: Rules or Principles?
19. Some Points of Friction between English and Brussels Convention Jurisdiction