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National Remedies Before the Court of Justice
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.
eBook
Ireland, West Germany and the New Europe, 1949-73
A pioneering study of the seminal period from the declaration of the Republic of Ireland, and the foundation of the Federal Republic of Germany (FRG), in 1949 until Ireland and Britain entered the EEC in 1973. Draws on unexploited original sources from Ireland and Germany. Dramatically re-envisions the foundations of contemporary Ireland.
eBook
The Judicial Construction of Europe
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ‘constitutionalize’ the Treaty of Rome. In this book, the author, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the European Union (EU) since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. The first chapter, ‘The European Court and Integration’, provides an introduction to the book. The second, written with Thomas Brunell, assesses the impact of Europe's unique legal system on the evolution of supranational governance. The following three chapters trace the outcomes in three policy domains: free movement of goods (written with Margaret McCown), sex equality (written with Rachel Cichowski), and environmental protection (written with Markus Gehring). There is also a concluding chapter. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily ‘Europeanized’.
eBook
Building Europe
Relying on internal sources, Wilfried Loth analyses the birth and subsequent development of the European Union, from the launch of the Council of Europe and the Schuman Declaration until the Euro crisis and the contested European presidential election of Jean-Claude Juncker. This book shines a light on the crises of the European integration, such as the failure of the European Defence Community, De Gaulle`s empty chair policy, or the rejection of the European Constitution in France and the Netherlands, but also highlights the indubitable successes that are the Franco-German reconciliation, the establishment of the European common market, and the establishment of an expanding common currency. What this study accomplishes, for the first time, is to illuminate the driving forces behind the European integration process and how it changed European politics and society.
eBook
EU environmental principles and scientific uncertainty before national courts : the case of the Habitats Directive
\"This comparative book explores the dynamics driving how courts across Europe and beyond understand and analyse scientific information in nature conservation. The Habitats and the Birds Directive-the core of EU nature conservation law-are usually seen as the most 'uniform' parts of EU environmental law. This book analyses the case law from 11 EU current and former Member States' courts and explores the dynamics of how, and crucially why, their understandings of scientific uncertainty on the one hand, and EU environmental principles on the other, vary. The courts' scope and depth of review, access to scientific knowledge, and scientific literacy all influence such decisions-as does their interpretation of norms and principles. How have the courts evaluated scientific evidence, encompassing its essential uncertainties? This book answers this and many more questions pertinent to EU environmental law, comparative environmental law, administrative law, and STS studies. Co-edited by experienced leaders in the field, and with outstanding contributors, this book is an essential guide to the dynamics of nature conservation law.\"-- Provided by publisher.
BOOK
European Integration and the Atlantic Community in the 1980s
This unique collection of essays lays the groundwork for the study of the intersection of European integration and transatlantic relations in the 1980s. With archives for this period only recently being opened, scholars are beginning to analyse and understand what some have called a peak moment in the European project and others have called the Second Cold War. How do these moments intersect and relate to one another? These essays, by prominent scholars from Europe and the United States, examine these and related questions while challenging the '1980s' itself as a useful demarcation for historical analysis.
eBook