European Community Law in National Courts: a Continuing Contradiction
Keyword(s):
Case Law
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Unless the law is enforced, it cannot command respect. Securing proper observance and protection of Community rights has long been recognized to be a fundamental challenge for the Community. The burden falls principally to the national courts, guided by the European Court of Justice. However, the guidance offered appears at times at variance with itself. It seems in particular that, in some instances, the obligation of result laid down in directives simply cannot be achieved. This article looks at the case law on remedies developed by the European Court, seeks to identify inconsistencies therein and suggests how they might be cured.