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The Europeanisation of Remedies and Procedures through Judge-Made Law

Dr Johanna Engström (Plan International, Belgium)

$180

Hardback

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English
Hart Publishing
07 September 2023
This book provides a thorough overview and critical analysis of the European Court of Justice’s case law on national remedies and procedures for the enforcement of EU law.

It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata).

The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.

By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 244mm,  Width: 171mm,  Spine: 20mm
Weight:   1.400kg
ISBN:   9781849462495
ISBN 10:   1849462496
Series:   Modern Studies in European Law
Pages:   688
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

Johanna Engström is Policy and Advocacy Advisor at Plan International, Belgium.

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