Procedural Autonomy of EU Member States: Paradise Lost?

A Study on the "Functionalized Procedural Competence" of EU Member States

Nonfiction, Reference & Language, Law, International
Cover of the book Procedural Autonomy of EU Member States: Paradise Lost? by Diana-Urania Galetta, Springer Berlin Heidelberg
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Diana-Urania Galetta ISBN: 9783642125478
Publisher: Springer Berlin Heidelberg Publication: July 23, 2010
Imprint: Springer Language: English
Author: Diana-Urania Galetta
ISBN: 9783642125478
Publisher: Springer Berlin Heidelberg
Publication: July 23, 2010
Imprint: Springer
Language: English

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

More books from Springer Berlin Heidelberg

Cover of the book Transformation and Utilization of Carbon Dioxide by Diana-Urania Galetta
Cover of the book EU Competition and State Aid Rules by Diana-Urania Galetta
Cover of the book Dune Worlds by Diana-Urania Galetta
Cover of the book Exploration of Gas Hydrates by Diana-Urania Galetta
Cover of the book Clinical Pharmacology of Anti-Epileptic Drugs by Diana-Urania Galetta
Cover of the book Evidenzbasiertes Arbeiten in der Physio- und Ergotherapie by Diana-Urania Galetta
Cover of the book Proceedings of 20th International Conference on Industrial Engineering and Engineering Management by Diana-Urania Galetta
Cover of the book Speech Prosody in Speech Synthesis: Modeling and generation of prosody for high quality and flexible speech synthesis by Diana-Urania Galetta
Cover of the book Novel Synthesis and Characterization of Nanostructured Materials by Diana-Urania Galetta
Cover of the book Multiagent Scheduling by Diana-Urania Galetta
Cover of the book Das optimistische Gehirn by Diana-Urania Galetta
Cover of the book Umweltgeschichte by Diana-Urania Galetta
Cover of the book Psychologie der Werte by Diana-Urania Galetta
Cover of the book From Varying Couplings to Fundamental Physics by Diana-Urania Galetta
Cover of the book The Architecture of Green Economic Policies by Diana-Urania Galetta
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy