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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

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

David Anderson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264629.003.0009

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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