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EU Law in Judicial Review, 2nd Edition

EU Law in Judicial Review, 2nd Edition

Author: Richard Gordon QC; Rowena Moffatt
Publisher: Oxford University Press
ISBN: 9780199675333
Published In: September 2014
Format: Hardback , 704 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only major work to focus specifically on the relationship between EU law and judicial review, making it a key reference work for those working at the intersection of EU and UK domestic administrative law
Structured around procedure, principle, and practice, allowing practitioners to locate the information they require quickly and easily
Details how the law has been applied in practice through a series of case studies

New to this edition

Further explanation of the relationship between public international law, EU law, and UK domestic law, which has been given a particular focus with the sanctions cases especially Kadi in the CJEU andAhmed in the Supreme Court.
Discussion of the growing influence of the Aarhus Convention in environmental judicial review and other cases
Analysis of the development of state aid and competition law.

EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law. EU Law in Judicial Review is the only text of its kind to focus specifically on the relationship, both substantive and procedural, between EU law and UK domestic judicial review. This new edition provides comprehensive guidance to practitioners on how to act effectively when encountering an EU dimension in the context of judicial review, and is updated to include all the latest developments in this area. Its three-part structure divides the subject into the distinct areas of procedure, principle, and practice and displays them in a clear and functional layout, allowing for ease of use and reference.

Part One takes as its starting point the UK domestic judicial review procedures, grounds, and remedies, and analyses them from an EU standpoint. Part Two turns to the fundamental rights and principles of law which underpin EU law. Finally, in Part Three, the book considers in detail the key areas in which judicial review and EU law interact, including competition law, state aid, public procurement, and the free movement of goods, services, and persons.

The new edition has been extensively revised to incorporate significant legal developments, in particular decisions since the Treaty of Lisbon entered into force on 1 December 2009.

Readership: Legal practitioners who specialise in administrative law or EU law; courts and tribunals dealing with judicial review proceedings; academics in administrative and EU law, and reference libraries.

PART I - EU LAW IN JUDICIAL REVIEW: PROCEDURE, GROUNDS, AND REMEDIES
1: EU Law in Judicial Review Overview
2: The EU Law Dimension
3: Bringing an EU Law Judicial Review Challenge in the Administrative Court
4: References to the CJEU
5: EU Law Remedies
PART II - EU GENERAL PRINCIPLES AND EU CHARTER OF FUNDAMENTAL RIGHTS IN JUDICIAL REVIEW
6: General Principles of EU Law and EU Charter of Fundamental Rights - An Overview
7: Equal Treatment
8: Legitimate Expectations
9: Non-retroactivity
10: Due Process
11: Proportionality
12: Fundamental Rights Protection
PART III - EU LAW AND JUDICIAL REVIEW IN PRACTICE
13: State Aid and Competition
14: Environmental Challenges
15: Public Procurement
16: EU Citizenship and Freedom of Movement of Persons
17: The Commerical Freedoms
18: Discrimination

Richard Gordon QC is a barrister specialising in constitutional and administrative law, EU law and competition law, and human rights. He is a Visiting Professor in the Faculty of Law at University College London and an Honorary Visiting Professor at Hong Kong University.

Rowena Moffatt is a barrister whose practice covers all areas of asylum, immigration, and nationality law, and, in particular, EU/EEA cases.