The evolving broad logic of declaratory adjudication in EU law judicial review / Athanase Popov ; foreword by Paul Nihoul ; preface by Eleftheria Neframi.
2025
KJE5461 .P67 2025 (Mapit)
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Author
Title
The evolving broad logic of declaratory adjudication in EU law judicial review / Athanase Popov ; foreword by Paul Nihoul ; preface by Eleftheria Neframi.
Imprint
Bruxelles : Bruylant, [2025]
Copyright
©2025
Description
381 pages ; 24 cm.
Series
European reflex. Studies.
Formatted Contents Note
Introduction
Chapter 1. The gap in judicial protection left by the rules governing the admissibility of judicial review
Chapter 2. The stated complementarity between direct and indirect judicial review for the sake of enforcing effective judicial protection
Chapter 3. The theoretical and practical hurdles to the operation of complementarity between direct and indirect judicial review
Chapter 4. Judicial review of Union measures triggered via national declaratory remedies
Chapter 5. Declaratory adjudication by the Court of Justice
Chapter 6. The potential of external control of the completeness of the EU law system of legal remedies
General conclusion
Bibliography
Index of key notions and cases
Table of contents.
Chapter 1. The gap in judicial protection left by the rules governing the admissibility of judicial review
Chapter 2. The stated complementarity between direct and indirect judicial review for the sake of enforcing effective judicial protection
Chapter 3. The theoretical and practical hurdles to the operation of complementarity between direct and indirect judicial review
Chapter 4. Judicial review of Union measures triggered via national declaratory remedies
Chapter 5. Declaratory adjudication by the Court of Justice
Chapter 6. The potential of external control of the completeness of the EU law system of legal remedies
General conclusion
Bibliography
Index of key notions and cases
Table of contents.
Summary
"This book reopens the discussion about the effectiveness of judicial protection in EU law, with a specific focus on the complete system of legal remedies, notably requests for preliminary references on validity, declaratory relief as a national remedy triggering such references, declaratory adjudication broadly speaking (also by the Court of Justice itself) and the external control of the compatibility of the level of protection of the right to an effective judicial protection with the EU's current and future international obligations.To do so, this work unfolds an analysis in six chapters: i) identifying a gap in concrete judicial protection, ii) clarifying the complementarity between direct and indirect judicial review, iii) analysing some of the theoretical hurdles in that theory, as well as iv) national declaratory remedies allowing non-privileged applicants to trigger preliminary references on validity, v) declaratory adjudication by the Court of Justice itself and vi) the potential of external control of the completeness of the EU law system of remedies."-- ǂc Provided by vendor.
"This book reopens the discussion about the effectiveness of judicial protection in EU law, with a specific focus on the complete system of legal remedies, notably requests for preliminary references on validity, declaratory relief as a national remedy triggering such references, declaratory adjudication broadly speaking (also by the Court of Justice itself) and the external control of the compatibility of the level of protection of the right to an effective judicial protection with the EU's current and future international obligations.To do so, this work unfolds an analysis in six chapters: i) identifying a gap in concrete judicial protection, ii) clarifying the complementarity between direct and indirect judicial review, iii) analysing some of the theoretical hurdles in that theory, as well as iv) national declaratory remedies allowing non-privileged applicants to trigger preliminary references on validity, v) declaratory adjudication by the Court of Justice itself and vi) the potential of external control of the completeness of the EU law system of remedies."-- Provided by vendor.
"This book reopens the discussion about the effectiveness of judicial protection in EU law, with a specific focus on the complete system of legal remedies, notably requests for preliminary references on validity, declaratory relief as a national remedy triggering such references, declaratory adjudication broadly speaking (also by the Court of Justice itself) and the external control of the compatibility of the level of protection of the right to an effective judicial protection with the EU's current and future international obligations.To do so, this work unfolds an analysis in six chapters: i) identifying a gap in concrete judicial protection, ii) clarifying the complementarity between direct and indirect judicial review, iii) analysing some of the theoretical hurdles in that theory, as well as iv) national declaratory remedies allowing non-privileged applicants to trigger preliminary references on validity, v) declaratory adjudication by the Court of Justice itself and vi) the potential of external control of the completeness of the EU law system of remedies."-- Provided by vendor.
Note
Originally presented as the author's thesis (PhD--Luxembourg) under the title: The admissibility of direct and indirect judicial review and effective judicial protection in EU law.
Bibliography, etc. Note
Includes bibliographical references (pages 339-367) and index.
Call Number
KJE5461 .P67 2025
Language
English
ISBN
9782802776321 (paperback)
2802776320 (paperback)
2802776320 (paperback)
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