Chapter

Damages and the Right to an Effective Remedy for Breach of European Community Law

Clive Lewis

in The Golden Metwand and the Crooked Cord

Published in print February 1998 | ISBN: 9780198264699
Published online March 2012 | e-ISBN: 9780191682766 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264699.003.0015
Damages and the Right to an Effective Remedy for Breach of European Community Law

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

The courts are in the process of grappling with the problems of the appropriate remedies for actions by public bodies which breach European Community law. In particular, they are currently dealing with the question of when and subject to what principles an individual can claim compensation in damages in the event that a public body in the United Kingdom violates European Community law. This chapter discusses the European Court's approach to remedies, damages, legislative action, non-discretionary and administrative acts, and the need for English courts to adapt their normal approach to damages for unlawful administrative action to accommodate the requirements of Community law.

Keywords: administrative law; remedies; public bodies; public authority liability; English courts

Chapter.  6815 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.