Introduction

This chapter is concerned with the enforcement of EU law against Member States, against national and domestic authorities within Member States, and against private parties. The next chapter is concerned with the enforcement of EU law against the institutions and bodies of the European Union. This chapter and the next are, as such, concerned with legal accountability in the European Union and should accordingly be read in the light of what was said about accountability in the previous chapter. In this chapter we shall consider, first, the enforcement of EU law by the European Court of Justice and, secondly, its enforcement by national courts and tribunals. The former is governed principally by Articles 226–228 EC and the latter by principles of Community law developed by the Court of Justice – principles such as direct effect, indirect effect and state liability. As will be recalled from chapter 2, it is principles of EU law such as these that mark the European Union out as being so different from other international organisations.

Enforcement by the Court of Justice: Articles 226–228 EC

When the original Treaty of Rome was drafted it was envisaged that the principal means by which Community law would be enforced would be those set out in what was then Article 169 of the Treaty and what is now Article 226 EC.