National Remedies Before the Court of Justice: Issues of Harmonisation and Differentiation
Des 2004 · Bloomsbury Publishing
eBook
424
Halaman
Tentang eBook ini
The Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw.
The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system.
National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.
The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system.
National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.
Tentang pengarang
Michael Dougan is Professor of European Law at the University of Liverpool.
Beri rating eBook ini
Sampaikan pendapat Anda.
Informasi bacaan
Smartphone dan tablet
Instal aplikasi Google Play Buku untuk Android dan iPad/iPhone. Aplikasi akan disinkronkan secara otomatis dengan akun Anda dan dapat diakses secara online maupun offline di mana saja.
Laptop dan komputer
Anda dapat mendengarkan buku audio yang dibeli di Google Play menggunakan browser web komputer.
eReader dan perangkat lainnya
Untuk membaca di perangkat e-ink seperti Kobo eReaders, Anda perlu mendownload file dan mentransfernya ke perangkat Anda. Ikuti petunjuk Pusat bantuan yang mendetail untuk mentransfer file ke eReaders yang didukung.
