State Procedure and Union Rights

That Member State courts apply the laws of the European Community is central to the enforcement of Community law. What may detract from the effective enforcement of Community law is that national courts in such situations as a general rule apply national procedural rules. While this scheme – state procedure and union rights – function well in most situations, national procedural law sometimes affects Community law to an unacceptable extent. In response, several exceptions from the general rule of national procedural autonomy have been established. What can be and in this study is questioned is whether the current European order adequately balances the interests of all parties affected. By comparing the current European solution to how a similar issue has been approached in the United States it is demonstrated herein that much emphasis is placed on the effectiveness of Community law and that this is done at the expense of other, competing interests, most importantly the proper division of power between Community and Member States. The American example also provides the European Community with several suggestions how a workable and more balanced approach could be constructed. Johan Lindholm is active at Umeå University Department of Law, Umeå, Sweden. This is his dissertation.

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