This Article unfolds as follows: Section I looks at the "pervasive effect" of European Union ("EU") law upon the substantive law of the Member States. Instead of attempting to cover all cases where this effect has arisen, a selective but in-depth approach is preferred. In this regard, four areas falling within the competences of the Member States will be discussed, namely education, family law, direct taxation, and health care. Section II is devoted to the pervasive effects of EU law upon national rules of procedure. Taking four cases as examples, this Section sets out to demonstrate that the European Court of Justice ("ECJ") takes into account the general procedural principles enshrined in national law when applying the principles of equivalence and effectiveness. Finally, Section III provides a brief conclusion on the link between substantive EU law and national laws of Member States.
Federalism and the Rule of Law: Perspectives from the European Court of Justice,
33 Fordham Int'l L.J. 1338
Available at: https://ir.lawnet.fordham.edu/ilj/vol33/iss5/2