The Future of Remedies in Europe
Published on 5. December 2000
Book
Hardback
345 pages
978-1-84113-082-8 (ISBN)
Description
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.
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.
Reviews / Votes
...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. Aine Ryall Yearbook of European Law January 2001 The contributions are consistently well written and give rise to a lot of thought. (Bidragen r genomgende vlskrivna och ger upphov till mnga reflektioner.) Jonas Malmberg EU and Arbetsratt June 2001More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 23 mm
Weight
690 gr
ISBN-13
978-1-84113-082-8 (9781841130828)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Claire Kilpatrick | Tonia Novitz | Paul Skidmore
The Future of Remedies in Europe
E-Book
12/2000
1st Edition
Hart Publishing
€144.99
Available for download
Persons
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.
Content
The future of remedies in Europe, Claire Kilpatrick: the future of remedies in Europe; the Luxembourg Court and remedies; re-examining the Luxembourg Court account of remedies in Europe; other European legal orders - co-existence and interaction with EC/EU institutions; courts and remedies - placing courts in context; conclusion. Part 1 Dialogue between the European Court of Justice and national courts: enforcing community rights in national courts - some recent developments, Takis Tridimas; whatever happened to Emmott? the perfecting of community rules on national time-limits, Leo Flynn; a common European law of remedies?, Carol Harlow. Part 2 Sectoral approaches to EC remedies: addressing problems of imbalanced implementation in EC law - remedies in an institutional perspective, Stephen Weatherill; the scope of European remedies - the case of purely internal situations and reverse discrimination, Miguel Poiares Maduro; the private enforcement of European Union labour laws, Bernard Ryan. Part 3 Co-existence and interaction with other European legal orders: interplay of private international law and European Community law, Paul Beaumont; remedies in multi-level legal order - the Strasbourg Court and the UK, Robin C.A. White; European remedies in the field of human rights, Henry G. Schermers; the limits of the uniform application of community law and effective judicial review - a look post-Amsterdam, Angela Ward. Part 4 Access to courts and other forms of remedial control: remedies for violation of social rights within the Council of Europe - the significant absence of a court, Tonia Novitz; social democracy and judicial review in the community order, Phil Syrpis; engage elites - citizen action and institutional attitudes in Commission enforcement, Richard Rawlings.