National Remedies Before the Court of Justice : Issues of Harmonisation and Differentiation

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Preface

Contents

Table of Cases

Table of Legislation

1. Effective Judicial Protection Within the Community Legal Order

CENTRALISED AND DECENTRALISED ENFORCEMENT OF COMMUNITY LAW

LEGAL FRAMEWORK OF COMMUNITY INTERVENTION IN NATIONAL REMEDIES AND PROCEDURAL RULES

NATURE AND STRUCTURE OF ANALYSIS TO FOLLOW

2. 'Integration Through Law' and the Enforcement Defecit Debate

'INTEGRATION THROUGH LAW': UNIFORMITY AND EFFECTIVENESS. 'INTEGRATION THROUGH LAW': THE TRADITIONAL PARAMETERS OF THE ENFORCEMENT DEFICIT DEBATE

3. Regulatory Differentiation Within the Community Legal Order

VERTICAL DIFFERENTIATION

HORIZONTAL DIFFERENTIATION

4. Regulatory Differentiation and the Enforcement Deficit Debate

'INTEGRATION THROUGH LAW': DIFFERENTIATION AND THE ENFORCEMENT DEFICIT DEBATE

DIFFERENTIATION AS A SYMPTOM OF CONSTITUTIONAL CHANGE

DIFFERENTIATION AS A CAUSE OF CONSTITUTIONAL CHANGE

THE ENFORCEMENT DEFICIT DEBATE: AN ALTERNATIVE SECTORAL MODEL. 5. The Court of Justice's Caselaw on National Remedies and Procedural Rules I

EARLY PERIOD: EXTENSIVE DEFERENCE TO NATIONAL AUTONOMY

MIDDLE PERIOD: THE ASSERTION OF INCREASING COMMUNITY REMEDIAL COMPETENCE

CURRENT CASELAW: A GENERAL TREND TOWARDS NEGATIVE HARMONISATION

SECTORAL CREDENTIALS OF THE GENERAL TREND TOWARDS NEGATIVE HARMONISATION IN THE CURRENT CASELAW

6. The Court of Justice's Caselaw on National Remedies and Procedural Rules II

CENTRALISED AND DECENTRALISED ENFORCEMENT AGAINST COMMUNITY INSTITUTIONS

RECOVERY OF UNLAWFUL STATE AIDS. DECENTRALISED ENFORCEMENT OF COMPETITION POLICY

7. Conclusion

Select Bibliography

Index