Community Law and the Legal Systems of the Member States

  • Josephine Shaw
Part of the Macmillan Professional Masters book series (PAPRMA)


The problem we shall consider in this chapter is how the evolving Community legal order has established itself as a superior legal order operating within, but nonetheless independent of the national legal systems. It demonstrates how the Court of Justice has used the organic connection offered by Article 177 EC both to assert its own ability to give authoritative interpretations of the meaning and effect of Community law, and to emphasise that where Community law applies, national courts themselves must act as ‘Community courts’, interpreting and applying Community law subject to the authority of the Court.


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Further Reading

  1. Barav (1989) ‘Enforcement of Community rights in the National Courts: the Case for a Jurisdiction to grant interim relief’, 26 Common Market Law Review, 369.Google Scholar
  2. Curtin (1990a) ‘The Province of Government: Delimiting the Direct Effect of Directives in the Common Law Context’, 15 European Law Review, 195.Google Scholar
  3. Curtin (1990b) ‘Directives: The Effectiveness of Judicial Protection of Individual Rights’, 27 Common Market Law Review, 709.Google Scholar
  4. De Burca (1992) ‘Giving Effect to European Community Directives’, 55 Modern Law Review, 215.Google Scholar
  5. Docksey and Fitzpatrick (1991) ‘The Duty of National Courts to Interpret Provisions of National Law in Accordance with Community Law’, 20 Industrial Law Journal, 113.Google Scholar
  6. Fitzpatrick (1989) ‘The Significance of EEC Directives in UK sex discrimination law’. 9 Oxford Journal of Legal Studies, 336.Google Scholar
  7. Gravells (1989) ‘Disapplying an Act of Parliament pending a Preliminary Ruling: Constitutional Enormity or Community Law Right?’, Public Law. 568.Google Scholar
  8. Gravells (1991) ‘Effective Protection of Community Law Rights: Temporary Dispplication of an Act of Parliament’, Public Law, 180.Google Scholar
  9. Mead (1991) ‘The obligation to apply European law: is Duke dead?’, 16 European Law Review, 490.Google Scholar
  10. Pescatore (1983) ‘The Doctrine of ‘Direct Effect’: An Infant Disease of Community Law’, 8 European Law Review, 155.Google Scholar
  11. Prechal (1990) ‘Remedies after Marshall’, 27 Common Market Law Review, 451.Google Scholar
  12. Ross (1993) ‘Beyond Francovich’. 56 Modern Law Review, 55.Google Scholar
  13. Snyder (1993) ‘The Effectiveness of European Community Law: Institutions, Processes, Tools and Techniques’, 56 Modern Law Review, 19.Google Scholar
  14. Szyszczak (1990a) ‘Sovereignty: Crisis, Compliance, Confusion, Complacency’, 15 European Law Review. 480.Google Scholar
  15. Szyszczak (1992a) ‘European Community Law: New Remedies, New Directions?’, 55 Modern Law Review, 690.Google Scholar
  16. Wyatt (1982) ‘New Legal Order or Old?’, 7 European Law Review, 147.Google Scholar

Copyright information

© Josephine Shaw 1993

Authors and Affiliations

  • Josephine Shaw
    • 1
  1. 1.Keele UniversityUK

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