EU and EEA Law Litigation Before National Courts
A Practical Guide
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Publisher Bloomsbury Publishing (UK)
- Date of Publication 7 March 2024
- Number of Volumes Hardback
- ISBN 9781509964895
- Binding Hardback
- No. of pages536 pages
- Size 246x174x34 mm
- Weight 1100 g
- Language English 922
Categories
Long description:
This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts.
It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings.
The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts.
The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.
Table of Contents:
1. Effective Judicial Protection
I. Introduction
II. Fair Trial
III. Access to Justice
IV. Effectiveness of the Judicial Protection
V. Conclusions
2. Application of EU Law by National Courts
I. Introduction
II. Role of National Courts
III. Direct Application of EU Law Provisions
IV. Disapplication of National Norms
V. Conforming Interpretation of National Law with EU Law
VI. Granting of Interim Measures
VII. Conclusions
3. National Procedural Autonomy and its Limits
I. National Procedural Autonomy
II. Application of EU Law Ex Officio
III. Revision of Final Decision Contrary to EU Law
IV. Time Limits for Raising Pleas in EU Law
V. Other Procedural Rules
VI. Conclusions
4. Preliminary Ruling Procedure
I. Right and Obligation to Refer a Preliminary Question
II. Admissibility of Preliminary References
5. Member States' Liability for Breach of EU Law
I. Foundations of the Liability Principles
II. Tortious Acts
III. Main Conditions of Liability
IV. Enforcement of Liability
V. Conclusions
6. Application of EEA Law Before National Courts
I. Introduction
II. Direct Effect, Primacy and Conforming Interpretation
III. State Liability
IV. Effective Remedies and Judicial Protection
V. Advisory Opinions
VI. Conclusions
7. Annex: Case Law Databases
I. Introduction
II. Preliminary Remarks
III. Analysis of the Case Law
IV. Access to the CJEU Decisions
V. Conclusions
