European Community Law in the English Courts

by Jacobs, Francis; Andenas, Mads; Bingham, Lord

• ISBN13: 9780198265924
• ISBN10: 0198265921
• Format: Hardcover
• Copyright: 1998-12-03
• Publisher: Oxford University Press

Summary

This book reveals the increasingly significant impact of European Community law on English domestic law and procedure from a practical perspective. It examines the general principles of how EC law is given effect in the English courts, and the impact that EC law has had on a number of particular key areas of English law.

Author Biography

Francis JACOBS is Advocate General at the European Court of Justice. He is editor of the Oxford European Community Law Series.
Mads ANDENAS is Director of the Centre of European Law, Kings College, Law. He was previously Legal Adviser to the European Bank for Reconstruction and Development.

Table of Contents

Foreword	vii	(2)
THE LORD CHIEF JUSTICE, THE RT HON LORD BINGHAM OF CORNHILL
Introduction	ix	(4)
ADVOCATE GENERAL FRANCIS JACOBS QC
Table of Cases	xiii
A. Giving Effect to Community Law in English Courts	3	(112)
1. Critics of the Court: a Reconsideration	3	(10)
THE RT HON LORD SLYNN OF HADLEY
2. Giving Effect to Community Law	13	(24)
THE HON MICHAEL BELOFF QC
3. Indirect Effect of Directives in the Application of National Legislation	37	(20)
PROFESSOR PAUL CRAIG
4. Claims for Damages against the State for Breach of Community Law	57	(10)
H. H. JUDGE GEDDES
5. Aspects of Liability for the State and Public Bodies in English and Community Law	67	(20)
JEREMY LEVER QC
6. Injunctions and Damages against the State for Breach of Community Law--a Legitimate Judicial Development	87	(14)
PROFESSOR DERRICK WYATT QC
7. Judicial Review and the Role of the English Courts in European Community Disputes	101	(14)
CLIVE LEWIS
B. General Principles of Community Law in English Courts	115	(50)
8. Interpretation and Precedent in European Community Law	115	(22)
PROFESSOR ANTHONY ARNULL
9. The Application of General Principles of Community Law by English Courts	137	(12)
THE RT HON LORD JUSTICE SCHIEMANN
10. A Sense of Proportion	149	(16)
THE RT HON LORD HOFFMANN
C. The Impact on Some Areas of Law	165
11. Community Competition Law in English Courts	165	(14)
THE HON MR JUSTICE LADDIE
12. Reliance on Commission Decisions in National Courts	179	(6)
PROFESSOR DAN GOYDER CBE
13. Damages for Breach of Competition Rules	185	(6)
DAVID ANDERSON
14. The Community Law Impact in Employment Cases	191	(18)
THE RT HON LORD JUSTICE MUMMERY
15. Community Intellectual Property Law in English Courts	209	(14)
THE HON MR JUSTICE JACOB
16. Judicial Attitudes to the UK Trade Marks Act 1994: Implementing the Approximation Directive	223	(16)
DAVID LLEWELYN
17. Community Law and Criminal Law	239	(12)
CONOR QUIGLEY
18. Tax Law: Rules or Principles?	251	(26)
JOHN F. AVERY JONES CBE
19. Some Points of Friction between English and Brussels Convention Jurisdiction	277
ADRIAN BRIGGS