Effective Sanctions in EC Law: A Moving Boundary in the Division of Competence

Abstract: This article details and analyses the development of European Court of Justice guidelines regarding sanctions provided by Member States to correct infractions of EC law. It will be shown that the contemporary policy of the Court significantly retreats from an early practice of non-interference with the discretion of national judges to attach domestic remedies for breach of substantive Community measures. Preliminary comments will be made on the possible impact of these developments on the constitutional structure of the Community, and in particular their potential effect on the continuing debate concerning the legitimacy of EC rules.