The Application of EC Law by National Courts: The Free Movement of Goods

Hardcover | July 1, 1998

byMalcolm Jarvis

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The decentralized system for the enforcement of European Community law, and the early development by the European Court of Justice (ECJ) of the dual doctrines of supremacy and direct effect, requires national courts of Member States to play a crucial role in the European legal order. Jarvis's book examines the application of European Community law by the national courts and assesses their increasingly important role in the judicial architecture of the Community. The author focuses on the application of the rules of the EC Treaty concerning the free movement of goods (Articles30-36), one of the largest and most mature areas of substantive EC law. He has undertaken an exhaustive examination of relevant case law from the national courts of the United Kingdom, France and the Netherlands, while also covering the most significant developments in the courts of other MemberStates. Jarvis also examines the links between the huge corpus of case law and the implementation of EC law through Directives and national legislation. This ambitious book will be welcomed as a significant advance in our growing understanding of the importance of national courts in the EC legal order. From the authors Preface Selecting the appropriate balance in the title for this book was a difficult task. The dilemma was essentially whether the title should most reflect the emphasis in this work on the more general application of European Community law by national courts, or rather accent the specific area of thefree movement of goods provisions within the EC Treaty. Since the issues arising from the application of the free movement of goods provisions by the national courts have such wide implications (being representative of the application of any of the other four freedoms and indeed the application ofEC law by the national courts in general) it was felt that this should be reflected in the title. It is hoped that this work will add to the growing awareness of the pivotal role played by the national courts as the Community courts, whilst also providing a thought provoking analysis of the freemovement of goods provisions in the EC Treaty

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From the Publisher

The decentralized system for the enforcement of European Community law, and the early development by the European Court of Justice (ECJ) of the dual doctrines of supremacy and direct effect, requires national courts of Member States to play a crucial role in the European legal order. Jarvis's book examines the application of European...

Malcom Jarvis was formerly a Research Assistant at the University of Groningen, the Netherlands, and is training to be a barrister. He teaches EU law part time in the University of Cambridge.

other books by Malcolm Jarvis

Format:HardcoverPublished:July 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198265956

ISBN - 13:9780198265955

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Table of Contents

1. Introduction2. Article 30 and imports3. Actually or potentially hindering intra-community trade4. Article 34 and exports5. Reverse discrimination and purely national methods6. The rule of reason7. Article 36 grounds of justification8. Intellectual Property Rights9. Completion of the internal market and the effect of community harmonisation legislation10. Remedies for breach of the free movement of goods rules before national courts11. Preliminary references to the ECJ under article 17712. Conclusion

Editorial Reviews

`A highly detailed resource with many useful references to rulings, a selective biography and an index.'European Library, 26-27 July 1999