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

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