Johanna Engström - Modern Studies in European Law: The Europeanisation of Remedies and Procedures Through Judge-Made Law in EPUB, TXT, FB2
9781849462495 1849462496 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 (such as right to damages, interim relief, judicial review, repayment of charges) and procedural rules (eg 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.
9781849462495 1849462496 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 (such as right to damages, interim relief, judicial review, repayment of charges) and procedural rules (eg 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.