National remedies available for breach of EEC law by public authorities: a comparative study

Abstract

This thesis is a comparative study of the remedies which may be sought by individuals when public authorities in England, France or Italy infringe EEC law. It compares the availability of such remedies against the standards set by the European Court of Justice of equality and effectiveness in the protection of rights deriving from EC law. Chapter 1 discusses the nature of EC law, its direct effect and the duty laid upon national courts to provide adequate and effective protection of EC rights. Through the case law of the European Court the work shows that the infringement of such rights by national authorities entitles individuals to claim restitution of illegally-levied duties, damages for breach of a right and interim relief to prevent further violation. Chapters 2-4 each provide an outline and discussion of the various domestic remedies which may be sought against the administration in England, France and Italy where it violates EC law, viz. restitution of illegally-levied taxes, interim relief, damages and judicial review. The use of each remedy in protecting EC rights is discussed with reference to the relevant case law of the national courts. Chapter 5 contains a direct comparative analysis of the provision of such remedies in the three countries through the use of the solutions to several problems based on hypothetical facts. On the basis of these solutions, the provision and effectiveness of the remedies are compared to the standards set by the European Court, with regard to the non-discrimination in the provision of such remedies and their efficacy. Finally, there is a discussion on the possibility of issuing EC-wide harmonising measures as a way of ensuring that certain basic remedies are available against national administrative authorities to all claimants in domestic courts.