The Europeanisation of Remedies and Procedures through Judge-Made Law (Modern Studies in European Law) (Hardcover)

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Description


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.

About the Author


Johanna Engström is currently working at DG Justice at the European Commission.
Product Details
ISBN: 9781849462495
ISBN-10: 1849462496
Publisher: Hart Publishing
Publication Date: March 11th, 2021
Pages: 688
Language: English
Series: Modern Studies in European Law