Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - EUROPEAN COMMUNITY LAW AND CIVIL REMEDIES IN ENGLAND AND WALES
EUROPEAN COMMUNITY LAW AND CIVIL REMEDIES IN ENGLAND AND WALES. Rose M. D’Sa, LL.B., Ph.D., Barrister (M.T.), International Relations Consultant, Edwards Geldard, Cardiff. Sweet & Maxwell, London (1994, Ivii and 276 pp., plus 2 pp. Appendix and 16 pp. Index). Hardback. £48.
The aim of this book, as stated at the beginning of Chapter 1, is to explain the principles which govern the application of European Community law in the United Kingdom, and the civil remedies which are available in the U.K. courts to enforce that Community law (or the national law which implements it). It focuses, in particular, on enforcement of claims in the commercial context. It will be of interest to any person who may be involved in bringing or defending claims for breach of legal rules deriving from Community law, whether these be against government—e.g., where businesses are subject to discriminatory taxation, or where the government adopts regulatory legislation which is in breach of Community law—or against private parties—e.g., a breach of the European Community rules governing competition, or employment practices.
The book is concerned with remedies in the national courts and does not consider in detail the alternatives to a national enforcement action which may be available for business, such as a complaint to the European Commission (which might then exercise its own enforcement powers). However, these alternatives are identified and briefly described, thus ensuring that readers are generally aware of the relevant possibilities.
In general, the book achieves its aims in an admirable fashion. The exposition of legal principle is clear and sufficiently detailed to give a good understanding of the rules, and prior knowledge of Community law is not assumed: the early chapters explain the key concepts and institutions of Community law, which need to be understood in order to grasp the detailed rules on national remedies. Furthermore, the rules are placed adequately in context, with an explanation of their purpose and role in the Community system, which is important to facilitate an understanding of the scope of the relevant principles and their likely future development. If any criticism could be made of the author’s style and approach, it would be the tendency to describe in detail the facts and issues in decided cases beyond the extent necessary for an appreciation of the significance of the case in the remedial (as opposed to substantive) sphere.
The first part of the book is devoted to a consideration of general issues governing the relationship between Community law and national law, such as the supremacy of EC law, and the doctrine of direct effect, and then moves on to a consideration of the specific remedies available in United
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