Abstract
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
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.
Curtin (1990a) ‘The Province of Government: Delimiting the Direct Effect of Directives in the Common Law Context’, 15 European Law Review, 195.
Curtin (1990b) ‘Directives: The Effectiveness of Judicial Protection of Individual Rights’, 27 Common Market Law Review, 709.
De Burca (1992) ‘Giving Effect to European Community Directives’, 55 Modern Law Review, 215.
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.
Fitzpatrick (1989) ‘The Significance of EEC Directives in UK sex discrimination law’. 9 Oxford Journal of Legal Studies, 336.
Gravells (1989) ‘Disapplying an Act of Parliament pending a Preliminary Ruling: Constitutional Enormity or Community Law Right?’, Public Law. 568.
Gravells (1991) ‘Effective Protection of Community Law Rights: Temporary Dispplication of an Act of Parliament’, Public Law, 180.
Mead (1991) ‘The obligation to apply European law: is Duke dead?’, 16 European Law Review, 490.
Pescatore (1983) ‘The Doctrine of ‘Direct Effect’: An Infant Disease of Community Law’, 8 European Law Review, 155.
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Ross (1993) ‘Beyond Francovich’. 56 Modern Law Review, 55.
Snyder (1993) ‘The Effectiveness of European Community Law: Institutions, Processes, Tools and Techniques’, 56 Modern Law Review, 19.
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Szyszczak (1992a) ‘European Community Law: New Remedies, New Directions?’, 55 Modern Law Review, 690.
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© 1993 Josephine Shaw
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Shaw, J. (1993). Community Law and the Legal Systems of the Member States. In: European Community Law. Macmillan Professional Masters. Palgrave, London. https://doi.org/10.1007/978-1-349-13078-8_8
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DOI: https://doi.org/10.1007/978-1-349-13078-8_8
Publisher Name: Palgrave, London
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