Procedural Autonomy of EU Member States: Paradise Lost? av Galetta Diana-Urania - 9783642125461 - Jure bokhandel

 

 
 
Procedural Autonomy of EU Member States: Paradise Lost?
– A study on the "Functionalized Procedural Competence" of EU member states
   
 
Författare:Galetta Diana-Urania
Titel:Procedural Autonomy of EU Member States: Paradise Lost? – A study on the "Functionalized Procedural Competence" of EU member states
Utgivningsår:2010
Omfång:145 sid.
Förlag:Springer
ISBN:9783642125461
Produkttyp:Inbunden
Ämnesord:EU-rätt , Processrätt

Pris: 993 SEK exkl. moms

 

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States' and EU law, this book provides a definition of procedural autonomy able to account for the concept's inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of 'procedural autonomy' of the Member States, national procedural law becomes more and more 'functionalized' to the requirements of effectiveness of substantive EU law. As such, we should speak of a 'functionalized procedural competence' rather than of procedural autonomy. But this is by no means a case of "Paradise Lost." The book includes a foreword by Prof. Jurgen Schwarze, one of the founding fathers of European Administrative Law.
 
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