ABSTRACT
Given that Art 226 proceedings can only be brought by the Commission and that individuals have in practice so little access to the ECJ under Art 230, it is vital to understand how EC law can be enforced within the national legal system by domestic courts. The ECJ has established through its rulings that individuals can raise issues of EC law in the context of legal proceedings in order to secure rights under EC law. So, for example, it is possible to use EC law to establish legal rights (Case 152/84, Marshall v Southampton AHA (1986)) or as a defence in criminal prosecutions (Case 148/78, Publico Ministero v Ratti (1979)).
