This article will deal with specific aspects of the divided-power system of the European Union and provide a legal analysis concerning federalism issues in the European Union raised before the Court of Justice that are similar to those in the United States. First, the article will reference recent U.S. case law on federalism. The bulk of the Article will concentrate on the question of whether and to what extent European Community ("EC") directives, as legislative instruments, are capable of mandating specific courses of action to be pursued on the local or regional level in Member States. Next, the article will review case law from the Court of Justice that features the most relevant cases regarding administrative obligations based upon Community law. Lastly, the article will discuss the possible effects mandates by the Court of Justice might have on Member States and will highlight some questions that case law on this issue has yet to resolve.
Local Administration and the Binding Nature of Community Directives: A Lesser Known Side of European Legal Integration,
22 Fordham Int'l L.J. 696
Available at: http://ir.lawnet.fordham.edu/ilj/vol22/iss3/2