The Europeanisation of Remedies and Procedures through Judge-Made Law

The Europeanisation of Remedies and Procedures through Judge-Made Law
Author :
Publisher : Hart Publishing
Total Pages : 688
Release :
ISBN-10 : 1849462496
ISBN-13 : 9781849462495
Rating : 4/5 (96 Downloads)

Book Synopsis The Europeanisation of Remedies and Procedures through Judge-Made Law by : Johanna Engström

Download or read book The Europeanisation of Remedies and Procedures through Judge-Made Law written by Johanna Engström and published by Hart Publishing. This book was released on 2021-05-06 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough overview and critical analysis of the European Court of Justice's case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.


The Europeanisation of Remedies and Procedures through Judge-Made Law Related Books

The Europeanisation of Remedies and Procedures through Judge-Made Law
Language: en
Pages: 688
Authors: Johanna Engström
Categories: Law
Type: BOOK - Published: 2021-05-06 - Publisher: Hart Publishing

DOWNLOAD EBOOK

This book provides a thorough overview and critical analysis of the European Court of Justice's case law on national remedies and procedures for the enforcement
Standing to Enforce European Union Law before National Courts
Language: en
Pages: 296
Authors: Hilde K Ellingsen
Categories: Law
Type: BOOK - Published: 2021-03-25 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their ru
The Evolution of EU Law
Language: en
Pages: 5256
Authors: Paul Craig
Categories: Law
Type: BOOK - Published: 2011-02-17 - Publisher: OUP Oxford

DOWNLOAD EBOOK

The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security poli
Public Liability in EU Law
Language: en
Pages: 278
Authors: Pekka Aalto
Categories: Law
Type: BOOK - Published: 2011-11-01 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence
The Europeanisation of English Tort Law
Language: en
Pages: 264
Authors: Paula Giliker
Categories: Law
Type: BOOK - Published: 2014-12-01 - Publisher: Bloomsbury Publishing

DOWNLOAD EBOOK

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been