"European citizen in front of the Courts: A framework for analysis"

Capeta, Tamara. (1997) "European citizen in front of the Courts: A framework for analysis". In: UNSPECIFIED, Seattle, WA. (Unpublished)

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Abstract

The paper analyses the ways in which Community law influences national laws in order to ascertain effective and uniform protection of individual Community rights. Two levels of influence were examined: first, the one at which the techniques and principles of bestowing the rights on individuals were developed, and second, the one at which national provisions on remedies and judicial procedures are influenced. The theoretical context within which the analysis was placed was Hohfeld's analysis of legal rights. Placed within this theoretical context, the inconsistencies in Community principles bestowing rights on individuals were found. The differentiation between vertical and horizontal effects of Directives cannot be justified from the Hohfeldian perspective. Apart from this inconsistency, it is concluded that the doctrine of direct effects developed as a criterion for justifiability of individual rights in national courts. At the level of remedies and procedures, it is concluded that the legal framework developed by the European Court which limits national procedural autonomy is capable of providing for the effective protection of individual Community rights. However, this framework does not guarantee uniformity in judicial protection. In order to achieve the equality of European citizens before the courts, it is suggested that Community legislation harmonizing national laws is necessary.

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