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The Future of Remedies in Europe

Editat de Claire Kilpatrick, Tonia Novitz, Paul Skidmore
en Limba Engleză Hardback – 4 dec 2000
Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe.This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims.Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.
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Specificații

ISBN-13: 9781841130828
ISBN-10: 1841130826
Pagini: 345
Dimensiuni: 156 x 234 x 27 mm
Greutate: 0.67 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues, and considers different methods of formulating and redressing claims.

Notă biografică

Claire Kilpatrick is Professor of International and European Labour and Social Law at the European University Institute.Tonia Novitz is a Lecturer in Law at the University of Bristol.Paul Skidmore is a Lecturer in Law at the University of Bristol.

Cuprins

The Future of Remedies in EuropeClaire Kilpatrick1. Enforcing Community Rights in National Courts: Some Recent DevelopmentsTakis Tridimas2. Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-LimitsLeo Flynn3. A Common European Law of Remedies?Carol Harlow4. Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional PerspectiveStephen Weatherill5. The Scope of European Remedies: The Case of Purely Internal Situations and Reverse DiscriminationMiguel Poiares Maduro6. The Private Enforcement of European Union Labour LawsBernard Ryan7. Interplay of Private International Law and European Community LawPaul Beaumont8. Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UKRobin C.A. White9. European Remedies in the Field of Human RightsHenry G. Schermers10. The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-AmsterdamAngela Ward11. Remedies for Violation of Social Rights Within the Council of Europe: The Significant Absence of a CourtTonia Novitz12. Social Democracy and Judicial Review in the Community OrderPhil Syrpis13. Engaged Elites: Citizen Action and Institutional Attitudes in Commission EnforcementRichard Rawlings

Recenzii

...the varied contributions challenge the reader to really think about the potential future development of remedies in Europe from a number of different perspectives.The Future of Remedies in Europe succeeds admirably in raising important agendas for future research.
The contributions are consistently well written and give rise to a lot of thought. (Bidragen r genomgende vlskrivna och ger upphov till mnga reflektioner.)

Descriere

This book explores the lively and often controversial dialogues between courts,national and supranational, on remedies.