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The Future of Remedies in Europe

Edited by: Claire Kilpatrick, Tonia Novitz, Paul Skidmore

ISBN13: 9781841130828
ISBN: 1841130826
Published: December 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00

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Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications, roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe.

This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims.

Remedies and Damages
The future of remedies in Europe, Claire Kilpatrick: the future of remedies in Europe; the Luxembourg Court and remedies; re-examining the Luxembourg Court account of remedies in Europe; other European legal orders - co-existence and interaction with EC/EU institutions; courts and remedies - placing courts in context; conclusion.
Part 1 Dialogue between the European Court of Justice and national courts: enforcing community rights in national courts - some recent developments, Takis Tridimas; whatever happened to Emmott? the perfecting of community rules on national time-limits, Leo Flynn; a common European law of remedies?, Carol Harlow.
Part 2 Sectoral approaches to EC remedies: addressing problems of imbalanced implementation in EC law - remedies in an institutional perspective, Stephen Weatherill; the scope of European remedies - the case of purely internal situations and reverse discrimination, Miguel Poiares Maduro; the private enforcement of European Union labour laws, Bernard Ryan.
Part 3 Co-existence and interaction with other European legal orders: interplay of private international law and European Community law, Paul Beaumont; remedies in multi-level legal order - the Strasbourg Court and the UK, Robin C.A. White; European remedies in the field of human rights, Henry G. Schermers; the limits of the uniform application of community law and effective judicial review - a look post-Amsterdam, Angela Ward.
Part 4 Access to courts and other forms of remedial control: remedies for violation of social rights within the Council of Europe - the significant absence of a court, Tonia Novitz; social democracy and judicial review in the community order, Phil Syrpis; engage elites - citizen action and institutional attitudes in Commission enforcement, Richard Rawlings.