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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
EU Law in Judicial Review 2nd ed isbn 9780199675333

EC Law in Judicial Review


ISBN13: 9780199266630
New Edition ISBN: 9780199675333
Published: January 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



This book provides guidance to practitioners on how to act effectively when encountering EC problems in the context of judicial review. Divided into three Parts, the first Part takes as its starting point domestic judicial review procedure, grounds, and remedies and analyses them from an EC standpoint. Part Two turns to the fundamental rights and principles of law which underpin EC law.

Finally, it considers in detail those key substantive areas in which judicial review and EC law interact, such as competition law, state aid, public procurement, and the free movement of goods, services, and persons.

  • Focuses specifically on the relationship, both substantive and procedural, between EC law and domestic judicial review for the first time
  • The three Part structure helpfully divides the area into procedure, principle, and practice, allowing practitioners to locate the information they require quickly and easily
  • Detailed practice information is provided in important substantive areas clearly set out in Part 3 of the text
  • Demonstrates the law in practice in a series of case studies

Subjects:
Constitutional and Administrative Law
Contents:
PART ONE: JUDICIAL REVIEW - PROCEDURE, GROUNDS, AND REMEDIES IN EC CASES
1. Judicial Review - When is a Community Law case suitable for Judicial Review
2. Judicial Review Procedure I - the Community Law Dimension Outlined
3. Judicial Review Procedure II - References to the Luxembourg Court
4. Grounds for Seeking Judicial Review in the Context of EC Law
5. Remedies in an EC Judicial Review case
PART TWO: UNDERLYING EC PRINCIPLES IN JUDICIAL REVIEW PROCEEDINGS
6. General Principles of EC Law
7. The Principle of Equal Treatment
8. The Principle of Legal Certainty
9. Legitimate Expectation as a General Principle
10. Non-Retroactivity
11. Proportionality
12. Fundamental Rights Protection
PART THREE: EC LAW AND DOMESTIC JUDICIAL REVIEW IN PRACTICE
13. The State Aid Case-law
14. Judicial Review of UK Competition Law Decisions
15. Public Procurement
16. Other Important Substantive Areas involving EC Domestic Judicial Review I - Commercial
17. Other Important Substantive Areas involving EC Domestic Judicial Review I - Non Commercial
Appendices
Civil Procedure Rule 54
Practice Direction 54
Case Study: Specimen Judicial Review Claim Form and Grounds
Case Study: Specimen Summary Grounds of Opposition
Case Study: Specimen Application for a Reference
Case Study: Order for Reference
Case Study: Written Submissions on Reference