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Appearing at a time when the ancient problem of the individual versus the state once again occupies the minds of thinking Europeans, this book evaluates the judicial system of the European Union, describing the nature of the judicial protection available to individuals, undertakings and member States.
Schermers and Waelbroeck provide a perspective on the reasoning of the European Court of Justice in significant decisions, and shed light on how the rule of law may develop in future. An introductory chapter offers a description of how Treaty provisions, Community acts, international law and national legal orders interact in the procedures and decisions of the Court of Justice. Further chapters provide analysis of the crucial role of national courts as guarantors of the rights of individuals in Community law; the validity of acts taken by Community institutions and member States, and protection against them; the delivery of non-judicial opinion and other tasks of the Court of Justice; the composition, function, and rules of procedure of the Court; and the organisation of the Court of First Instance and the appeal procedure against its decisions. Judicial protection in the European Union is organised to facilitate its prodigious reference value.
This should be a useful source for students of European law, as well as a basic reference for practitioners and an analysis of the strengths and weaknesses of the European system of judicial protection.