EC Law in Judicial Review

Author: Richard Gordon
Publisher: Oxford University Press
ISBN: 9780199266630
Published In: January 2007
Format: Hardback , 600 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

Focuses specifically on the relationship, both substantive and procedural, between EC law and domestic judicial review for the first time
The three Part structure helpfully divides the area into procedure, principle, and practice, allowing practitioners to locate the information they require quickly and easily
Detailed practice information is provided in important substantive areas clearly set out in Part 3 of the text
Demonstrates the law in practice in a series of case studies

This book provides guidance to practitioners on how to act effectively when encountering EC problems in the context of judicial review. Divided into three Parts, the first Part takes as its starting point domestic judicial review procedure, grounds, and remedies and analyses them from an EC standpoint. Part Two turns to the fundamental rights and principles of law which underpin EC law. Finally, it considers in detail those key substantive areas in which judicial review and EC law interact, such as competition law, state aid, public procurement, and the free movement of goods, services, and persons.

Readership: Specialist EC law practitioners (solicitors and barristers); judicial review practitioners; the judiciary; courts, tribunals who encounter judicial review cases; academics and reference libraries in the UK and Europe.

PART ONE: EC LAW IN JUDICIAL REVIEW: PROCEDURE, GROUNDS, AND REMEDIES
1: An Overview
2: The EC Law Dimension
3: Bringing an EC Law Judicial Review Challenge in the Administrative Court
4: References to the ECJ
5: EC Law Remedies in Judicial Review
PART TWO: UNDERLYING EC PRINCIPLES IN JUDICIAL REVIEW PROCEEDINGS
6: General Principles of EC Law
7: The Principle of Equal Treatment
8: Legitimate Expectation
9: Non-Retroactivity
10: Due Process
11: Proportionality
12: Fundamental Rights Protection
PART THREE: EC LAW AND DOMESTIC JUDICIAL REVIEW IN PRACTICE
13: State Aid and Competition
14: Environmental Challenges
15: Public Procurement
16: Free Movement of Persons and Citizenship
17: The Commercial Freedoms
18: Discrimination
19: Public Law Collateral Challenges and Article 234 References
Case Study: Specimen Judicial Review Claim Form and Grounds
Case Study: Specimen Summary Grounds of Opposition
Case Study: Specimen Application for a Reference
Case Study: Order for Reference
Case Study: Written Submissions on Reference