xx, 403 pages : illustrations ; 24 cm.
Avosetta series ; 10.
Formatted Contents Note
National administrative procedural law under EU requirements : with a focus on public participation / Gerd Winter Consistent interpretation of EU environmental law / Richard Macrory, Verena Madner & Stefan Mayr Direct effect and consistent interpretation : strengths and weaknesses of the concepts / Ludwig Krämer Direct effect and state liability / Angel-Manuel Moreno Molina Constitutional review of European environmental law / Luc Lavrysen Judicial dialogue, judicial competition and global environmental law : a case study on the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters / Jan H. Jans Effective justice? : Synthesis report of the study on the implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union / Jan Darpö Austria / Verena Madner Belgium / Luc Lavrysen Croatia / Lana Ofak Czech Republic / Vojtech Vomacka & Ilona Jancarova Denmark / Peter Pagh Germany / Bernhard Wegener & Gerd Winter Hungary / Gyula Bándi Italy / Massimiliano Montini The Netherlands / Jan H. Jans Portugal / Alexandra Aragão Slovenia / Rajko Knez & Verena Rošic Feguš Spain / Agustín García-Ureta & Angel-Manuel Moreno Molina United Kingdom / Richard Macrory.
Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book examines the "remedial capacity" of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States. The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach.
Bibliography, etc. Note
Includes bibliographical references and index.