Some Observations on the European Court of Justice’s post-Francovich Jurisprudence

Some Observations on the European Court of Justice’s post-Francovich Jurisprudence

This article argues that the Francovich line of cases has revealed certain pro-integration leanings of the European Court of Justice. Following the Francovich judgment - considered reasonable by the vast majority of commentators - the Court has over time gone on to develop an expansive and sweeping...

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Main Author: Vladimir Pavlović
Format: Article
Language:English
Published: University of Zagreb, Faculty of Law 2008-12-01
Series:Croatian Yearbook of European Law and Policy
Subjects:
francovich case
pro-integration
european court of justice
state liability for breaches of eu law
demarcation of powers
Online Access:https://www.cyelp.com/index.php/cyelp/article/view/69
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spelling doaj-f45ba20bc8844e8b8fd5fa19dd039ac62020-11-25T03:10:18ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582008-12-01418019510.3935/cyelp.04.2008.69Some Observations on the European Court of Justice’s post-Francovich JurisprudenceVladimir PavlovićThis article argues that the Francovich line of cases has revealed certain pro-integration leanings of the European Court of Justice. Following the Francovich judgment - considered reasonable by the vast majority of commentators - the Court has over time gone on to develop an expansive and sweeping doctrine of state liability to individuals with respect to the state's failure to implement directives - all this without much, if any, support in Community legislation. In developing this doctrine, the Court has overstepped its role as the interpreter of Community law and obscured the demarcation of powers and competencies between Member States and the European Union. The concrete implications of this development range from undermining the functionality and institutional structure of the European Union, to imposing high and unnecessary costs on Member States.https://www.cyelp.com/index.php/cyelp/article/view/69francovich casepro-integrationeuropean court of justicestate liability for breaches of eu lawdemarcation of powers
collection DOAJ
language English
format Article
sources DOAJ
author Vladimir Pavlović
spellingShingle Vladimir Pavlović
Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
Croatian Yearbook of European Law and Policy
francovich case
pro-integration
european court of justice
state liability for breaches of eu law
demarcation of powers
author_facet Vladimir Pavlović
author_sort Vladimir Pavlović
title Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
title_short Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
title_full Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
title_fullStr Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
title_full_unstemmed Some Observations on the European Court of Justice’s post-Francovich Jurisprudence
title_sort some observations on the european court of justice’s post-francovich jurisprudence
publisher University of Zagreb, Faculty of Law
series Croatian Yearbook of European Law and Policy
issn 1845-5662
1848-9958
publishDate 2008-12-01
description This article argues that the Francovich line of cases has revealed certain pro-integration leanings of the European Court of Justice. Following the Francovich judgment - considered reasonable by the vast majority of commentators - the Court has over time gone on to develop an expansive and sweeping doctrine of state liability to individuals with respect to the state's failure to implement directives - all this without much, if any, support in Community legislation. In developing this doctrine, the Court has overstepped its role as the interpreter of Community law and obscured the demarcation of powers and competencies between Member States and the European Union. The concrete implications of this development range from undermining the functionality and institutional structure of the European Union, to imposing high and unnecessary costs on Member States.
topic francovich case
pro-integration
european court of justice
state liability for breaches of eu law
demarcation of powers
url https://www.cyelp.com/index.php/cyelp/article/view/69
work_keys_str_mv AT vladimirpavlovic someobservationsontheeuropeancourtofjusticespostfrancovichjurisprudence
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