European Law: Enforcement

This Part concentrates on the “enforcement” of European law in the courts. We shall see that European law establishes rights and obligations that directly affect individuals. The direct effect of European law in the national legal orders will be discussed in Chapter 5. Where a European norm is directly effective, it will also be “supreme” over national law. The “supremacy” of European law is the subject of Chapter 6. How will individuals enforce their “supreme” European rights? Chapters 7 and 8 look at the dual enforcement machinery within the Union legal order. Individuals will typically enforce their European rights in national courts. And in order to assist these courts in the interpretation and application of European law, the Union envisages a preliminary reference procedure. But the Union legal order has equally required national courts to provide effective remedies for the enforcement of European rights, and has even created a European remedy of state liability. Having the indirect enforcement of European law through the national courts discussed in Chapter 7, the direct enforcement of European law in the European Courts will be explored in Chapter 8.

1. Chapter 5 Direct effect

2. Chapter 6 (Legal) Supremacy

3. Chapter 7 National actions

4. Chapter 8 European actions