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Building the UK's New Supreme CourtNational and Comparative Perspectives$
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Andrew Le Sueur

Print publication date: 2004

Print ISBN-13: 9780199264629

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264629.001.0001

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The Law Lords and the European Courts

The Law Lords and the European Courts

(p.198) (p.199) 9. The Law Lords and the European Courts
Building the UK's New Supreme Court

David Anderson

Oxford University Press

This chapter examines the relations between the House of Lords, the Court of Justice of the European Communities (ECJ) in Luxembourg, and the European Court of Human Rights (ECtHR) in Strasbourg. It questions whether the preliminary ruling procedure under Article 234 EC remains an effective way to ensure the proper application and uniform interpretation of Community law in Member States. It suggests that more effective precautions against judicial error by top-level national courts in relation to their decisions in EU law might include liability in damages or infringement proceedings by the Commission in respect of national jurisprudence that is inconsistent with EU law.

Keywords:   House of Lords, Court of Justice of the European Communities, European Court of Human Rights, Article 234

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