It is well understood in law that length of procedure can have an enormous
impact on the effectiveness of judicial protection. Time is necessary to
examine evidence and analyse facts. Yet circumstances often conspire to prove
the truth of the saying that `justice delayed is justice denied. It is in
recognition of this dilemma that legal systems inevitably evolve the concept
of interim relief.
In this groundbreaking book, interim relief proceedings under EC law are seen
as a paradigm for the understanding of the difficulties that individuals face
when pursuing judicial protection of Community rights, whether at the European
or national levels. Interim relief is, in this analysis, the fundamental
safeguard of all rights against the power of Community institutions to adopt
measures affecting them.
The author leaves no relevant issue unexamined. These issues include:
the relationship between the direct action and the application for interim
interpretation of the conditions for interim relief under the EC Treaty
the principles of `equivalence and `effectiveness.
;the uniform conditions for interim relief according to Zuckerfabrik
In the course of his analysis, the author undertakes an extensive examination
of the relevant case law. He demonstrates that even the new (since
Factortame 1990) system of interim relief has not incorporated any
safeguard for the equal treatment of individuals, and that in many cases
applications for interim relief will continue to be dismissed as inadmissible.
His penetrating analysis clears the way for future amendment of the EC Treaty,
as well as any harmonisation of procedural rules, which could promote the
effective interim protection of Community rights.
As a fundamental treatment of this aspect of the crucial issue of the role of
the individual in the European Union, this study is without peer. It will be
of value to students of European law, to policymakers, and to all those
interested in the ongoing process of European integration.
Introduction. Acknowledgements. 1. Nature and Significance of Interim
Relief. 2. Interim Relief before the European Courts. 3. Interim
Relief before the National Courts. 4. Conditions for Granting Interim
Relief before the National Courts. 5. The Consequences of the ECJ's
Case-law on the Interim Protection of Individuals EC Rights. 6. The
Effectiveness of the System of Interim Protection of Individuals under EC Law.