Title

HOW FAR FRANCOVICH? - Contents

• Part I. Introduction
• Part II. Effective Judicial Protection and Full Effectiveness of Community Law.
  • A. Direct Effect; Interpretation of National Law to Achieve Objective of Directive; Francovich and Member State Liability.
  • B. National Procedural Autonomy.
    • 1. General Principles; Tension between National Procedural Autonomy and Effective Protection/Effet Utile.
    • 2. Selected Cases and Doctrinal Points.
      • a. Standing and Effective Judicial Protection: Verholen
      • b. Factortame and Sensitive National Policies.
      • c. Choice of Sanctions and Member State Experimentation: von Colson
      • d. Peterbroeck and van Schinjdel; Hallmarks of Procedure; Possible Narrowing of the Range of Procedural Rules Left to Member State Control.
  • C. Uniformity of Legal Remedies.
• Part III. Answering the Save-a-Bird Article 177 Reference, Part I: Is Save-a-Bird the Sole Effective Guardian of the Environment?
• Part IV. Responding to the Save-a-Bird Reference, Part II: Does the Court want to Mess with Associational Standing?
  • A. Theoretical Debate Over Associational Standing.
    • 1. General Theories of Group Participation
    • 2. Purposes of Standing Doctrine in Associational Context; United States Example.
      • a. Separation of Powers: The Case of the United States.
      • b. Procedural Considerations.
      • c. Some Useful Terminology.
  • B. Associational Doctrine in Sample Member-States.
    • 1. England.
    • 2. Germany.
    • 3. Italy.
      • C.What Do These Standing Issues Mean for Save-a-Bird?.
• Part V: Conclusion: Towards a Controlled Experimentation Approach?

Title

Top of the page