Directives in EC Law, 2nd Edition

Author: Sacha Prechal
Publisher: Oxford University Press
ISBN: 9780199207596
Published In: June 2006
Format: Paperback , 384 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

The only English-language title dedicated to the implementation and enforcement of Directives
Extensive coverage of ECJ case-law on the interpretation of Directives
Full coverage of the protection of individuals' rights in national courts

This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting the rights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection.

Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrine and theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascent European Constitution are discussed.

The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.

Table of Cases
Abbreviations
1: Introduction
2: Directives as Binding Instruments of Legislative Action
3: On the Content of Directives
4: The Addressees of a Directive
5: Implementation of Directives
6: Directives as Sources of Rights
7: The Role of National Courts
8: Consistent Interpretation
9: Direct Effect of Directives
10: Liability of the State in Cases of Inadequate Implementation of Directives
11: Drawing the Lines Together
Bibliography
Index

Sacha Prechal, Professor of International and European Institutional Law, University of Utrecht Faculty of Law

"...Prechal has produced a second edition of Directives in EC Law that has many scholarly strengths and very much to offer the reader who delves into its pages." - Michael Dougan, Public Law

"...an encyclopaedia of information and analysis of the form and content of European directives and of their impact within national legal systems...Prechal's detailed study is an important contribution to the existing literature on the enforcement of Community law at national level. " - Áine Ryall, Yearbook of European Law