National courts and EU environmental law / edited by Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina.
2013
KJC6242 .N38 2013 (Mapit)
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Title
National courts and EU environmental law / edited by Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina.
Added Author
Imprint
Groningen : Europa Law Publishing, 2013.
Copyright
©2013.
Description
xx, 403 pages : illustrations ; 24 cm.
Series
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.
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.
Summary
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.
Note
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.
Location
STA
Call Number
KJC6242 .N38 2013
Language
English
ISBN
9789089521286 paperback
9089521283 paperback
9089521283 paperback
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