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HOW FAR FRANCOVICH? - Contents
Part I. Introduction
Part II. Effective Judicial Protection and Full Effectiveness of Community Law.
A. Direct Effect; Interpretation of National Law to Achieve Objective of Directive; Francovich and Member State Liability.
B. National Procedural Autonomy.
1. General Principles; Tension between National Procedural Autonomy and Effective Protection/Effet Utile.
2. Selected Cases and Doctrinal Points.
a. Standing and Effective Judicial Protection: Verholen
b. Factortame and Sensitive National Policies.
c. Choice of Sanctions and Member State Experimentation: von Colson
d. Peterbroeck and van Schinjdel; Hallmarks of Procedure; Possible Narrowing of the Range of Procedural Rules Left to Member State Control.
C. Uniformity of Legal Remedies.
Part III. Answering the Save-a-Bird Article 177 Reference, Part I: Is Save-a-Bird the Sole Effective Guardian of the Environment?
Part IV. Responding to the Save-a-Bird Reference, Part II: Does the Court want to Mess with Associational Standing?
A. Theoretical Debate Over Associational Standing.
1. General Theories of Group Participation
2. Purposes of Standing Doctrine in Associational Context; United States Example.
a. Separation of Powers: The Case of the United States.
b. Procedural Considerations.
c. Some Useful Terminology.
B. Associational Doctrine in Sample Member-States.
C.What Do These Standing Issues Mean for Save-a-Bird?.
Part V: Conclusion: Towards a Controlled Experimentation Approach?
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