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Compliance and the Enforcement of EU Law$
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Marise Cremona

Print publication date: 2012

Print ISBN-13: 9780199644735

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199644735.001.0001

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The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

Chapter:
(p.157) 6 The Role of National Courts in Inducing Compliance with International and European Law—A Comparison
Source:
Compliance and the Enforcement of EU Law
Author(s):

André Nollkaemper

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199644735.003.0006

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can, in particular circumstances and under particular conditions, ensure that states comply with their obligations under international and/or European law, both in individual cases and at a more structural level. The chapter is organized as follows. Sections 2 and 3 discuss the relative role of courts as agents of compliance and the key condition of independence of courts, respectively. Section 4 examines four key principles that govern the practice of national courts in terms of their compliance-effects: supremacy, direct effect, consistent interpretation, and liability. Section 5 explores the interaction between international and European law in so far as they relate to the practice of national courts. Finally, Section 6 draws some conclusions.

Keywords:   EU law, national courts, international law, compliance, supremacy, direct effect, consistent interpretation, liability

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