Abstract
Normal 0 21 false false false HR X-NONE X-NONE MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:Table Normal; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri,sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Times New Roman; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:Times New Roman; mso-bidi-theme-font:minor-bidi;} This article argues that the Francovich line of cases has revealed certain pro-integration leanings of the European Court of Justice. Following the Francovich judgment - considered reasonable by the vast majority of commentators - the Court has over time gone on to develop an expansive and sweeping doctrine of state liability to individuals with respect to the state's failure to implement directives - all this without much, if any, support in Community legislation. In developing this doctrine, the Court has overstepped its role as the interpreter of Community law and obscured the demarcation of powers and competencies between Member States and the European Union. The concrete implications of this development range from undermining the functionality and institutional structure of the European Union, to imposing high and unnecessary costs on Member States.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
