ABSTRACT

As was explored in Chapter 6, the European Court of Justice (ECJ) has developed several possibilities for private individuals to be able to rely on EC norms before national courts, with a view to enforcing these against persons whose conduct infringes the legal requirements stipulated in those norms. Specifically, it has confirmed that in principle individuals may rely on EC provisions that are sufficiently precise and unconditional before national courts of the EU Member States (direct effect doctrine), in the context of litigation either prosecuted or defended by them. The ECJ has also confirmed that individuals may be entitled to require national courts to enforce EC norms which, although providing Member State authorities with a considerable degree of discretion, have found to have been infringed by virtue of a state authority having exceeded the limits of discretion afforded under the EC provisions concerned (for example, Case C-72/95 Kraaijeveld ). In addition, the ECJ has clarified that national courts are under a general duty, in so far as is possible, to interpret national legislative rules in line with the requirements of the EC Treaty and secondary legislative provisions covering the same subject matter (indirect effect doctrine). However, the abovementioned legal principles are of relatively limited practical use in themselves without there being a clear legal framework in place to facilitate the access of individual claimants to national courts and tribunals as well as to ensure the provision of an effective judicial remedy in the event of the individual’s legal action being successful.