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EU and EEA Law Litigation Before National Courts: A Practical Guide

EU and EEA Law Litigation Before National Courts: A Practical Guide

Author: Zsofia Varga
Publisher: Hart Publishing
ISBN: 9781509964895
Published In: March 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM1,930.50

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Description
Contents

Details

This book provides practical and comprehensive guidance for national practicing lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts.

It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings.

The book is divided into 6 chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to any national lawyer's and EU law expert's library.

1. Effective Judicial Protection

I. Introduction II. Content of the Right III. Conclusion

2. Application of EU Law by National Courts

I. Introduction II. National Courts as Ordinary Courts of the EU III. Obligations of National Courts IV. Conclusions

3. National Procedural Rules

I. Introduction II. Legal Context III. National Procedural Rules Affecting the Full Effect of Union Law IV. Conclusions

4. Obligation to Apply EU Law ex Officio

I. Introduction II. Passive Role of Judges III. Principles Ensuring the Full Effect of EU law IV. National Procedural Rules and EL law V. Passive Role of Judges of Judges and Full Effect of EU Law VI. Conclusions

5. Revision of Final Decision Contrary to EU Law

I. Introduction II. Legal Context III. No Review in Case of Final Decision IV. Conclusions

6. Admissibility of Preliminary References

I. Introduction II. Conditions of Admissibility and Jurisdiction III. Other Questions IV. Conclusions

7. Obligation to Refer a Preliminary Question

I. Introduction II. Court and Last Instance Court III. Freedom to Refer IV. Obligation to Refer V. Breach of the Referral Duty VI. Conclusions

8. Member States' Liability for Breach of EU Law

I. Introduction II. Foundations of Responsibility III. Violations Leading to Liability IV. Conditions of Liability V. Enforcement of Liability VI. Conclusions

9. EFTA/EEA Aspects Annex: Case Law Databases

I. Introduction II. Preliminary Remarks III. Analysis of the Case Law IV. Access to the CJEU Decisions