Procedural Aspects. Private and Public Enforcement: Complements or Substitutes?


It is clear from the preceding chapters that two distinct mechanisms exist who play a role in the enforcement of European law. The article 228 procedure under primary legislation is a public enforcement procedure, with the European Commission acting as some kind of prosecutor and the European Court of Justice as judge. The Francovich procedure functions similar to a privately initiated enforcement procedure before national judges.


Member State National Court European Legislation Punitive Damage Procedural Aspect 
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© Deutscher Universitäts-Verlag | GWV Fachverlage GmbH, Wiesbaden 2007

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