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Application of Community Law by Member States' Public Authorities: Between Autonomy and Effectiveness
Ist Teil von
Common market law review, 2007-08, Vol.44 (4), p.1035-1056
Ort / Verlag
Alphen aan den Rijn, The Netherlands: Kluwer Law International
Erscheinungsjahr
2007
Link zum Volltext
Quelle
Worldwide Political Science Abstracts
Beschreibungen/Notizen
Two decades ago, the Europeanization of the legal orders of the Member States was often perceived as relating mainly to some specialized topics such as trade. The need for Member States to adapt to European concepts and rules has often had a horizontal spill-over effect on neighboring legal orders. This article attempts to address the tension between the competence of the Member States and that of the Community in this area -- which is a particularly sensitive one, because it touches upon state-culture and self-perception of public authority in Member States. The application of Community law by a Member State authority is guided by four principles: the principles of supremacy, effectiveness, equivalence and autonomy. The principle of equivalence demands that procedural rules governing the application of Community law "must not be less favorable" than those governing the application of domestic law. Effectiveness is an important argumentative thread of the Court supporting the development of some well-established concepts safeguarding the uniform application of Community law in all domestic legal orders.