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Vol 24 No 2 Feb/March 2019

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Judicial Review in European Union Law: Vol 1

ISBN13: 9789041113726
ISBN: 904111372X
Published: July 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £264.00

Despatched in 11 to 13 days.

This collection of essays in honour of Lord Slynn of Hadley, former Advocate General and Judge of the European Court of Justice, focuses on the topic of Judicial Review in EU Law and looks at judicial review by both European and national courts. The volume consists of five parts, dealing with the European Court of Justice and the Court of First Instance, Forms of Judicial Review before the European Courts, Forms of Judicial Protection in the European Legal Order, European Law before the National Courts and Judicial Review and Substantive Law.

Preface. List of Contributors. Table of Cases.
Part 1: The European Court of Justice and the Court of First Instance. Some opinions of Gordon Slynn as Advocate General; P. Verloren Van Themaat. Advocates General and Judges in the European Court of Justice: some personal reflections; F.G. Jacobs. Judge-made law of the European Community Courts; U. Everling. The theory of interpretation and the Court of Justice; T. Koopmans. The contribution of the Court of Justice to the protection of the `federal balance' in the European Community; J. Mischo. The ECJ as law maker: praeter or contra legem? V. Constantinesco. The Court of First Instance -- A day in the life of a Judge; C. Bellamy. The European Court of First Instance: Ten years of interaction with the Court of Justice; K. Lenaerts.
Part 2: Forms of Judicial Review before the European Courts. Reform of Article 234 procedure: the limits of the possible; D. Edward. The growing variety of procedures concerning preliminary rulings; G. Gaja. Preliminary rulings on the interpretation of mixed agreements; A. Dashwood. The European Court of Justice and the `Area of Freedom, Security and Justice' Challenges and Problems; P. Eeckhout. The action for annulment: a case of double standard? A. Arnull. Public interest litigation; L. Gormley. The European Court's pre-emptive jurisdiction: opinions under Article 300(6); R. Plender. Staff cases in the judicial architecture of the future; T. Millett.
Part 3: Forms of Judicial Protection in the European Legal Order. The Principle of Effective Protection of Community Law Rights; J. Temple-Lang. Sanctions for Member States' serious violations of Community Law; D. Simon. Public Liability in US Courts and Brasserie du Pecheur and Factortame in the European Court; C. Lichtenstein. The `EU Human Rights Charter' and the Union Legal Order: the `Bans' before the Marriage; D. Curtin. Fundamental rights in European Union Law after the Treaty of Amsterdam; P. Oliver. Shifting the `Grundnorm' and other tales; D. Anderson.
Part 4: European Law before the National Courts. Danish preliminary references; O. Due. Confrontation or peaceful co-existence? On the Danish Supreme Court's Maastricht ratification judgment; H. Rasmussen. Community Law and National Courts -- An Italian Perspective; G. Tesauro. Judicial review in English Courts: an ideal forum for Community law; D. Vaughan, M. Gray. The attitude of French courts towards the ECJ case-law; J. Dutheil de la Rochere. Comparative law in a texture of communitarization of national laws and Europeanization of Community Law; W. Van Gerven. The role of European Court of Justice in shaping legal standards for administratieve action in the Member States: a comparative perspective; J. Schwarze. Enforcing Community rights in national Courts: some recent developments; T. Tridimas. A case of judicial activism in the 1990's: the status before national courts of measures wrongfully un-notified to the Commission; S. Weatherill. Subsidiarity and judi