
The Invalid Directive
The Legal Authority of a Union Act Requiring Domestic Law Making
Thomas A. Vandamme(Author)
Europa Law Publishing
Published in February 2005
Book
Hardback
XIV, 392 pages
978-90-76871-39-4 (ISBN)
Description
The invalidation of the directive triggers interesting legal questions, most notably on how that effects the status of national implementation legislation. Is national law invalid as a direct consequence of the invalidity of the underlying directive? If that would not be the case, why would private plaintiffs be able to directly challenge directives before the ECJ and why would they provoke preliminary references on their validity? What is the point of 'Zuckerfabrik' interim relief against directives?
These and other questions have been identified in this study that explored the consequences of the invalidity of a directive in terms of its 'legal authority' (as opposed to its 'political authority'). It thereby distinguishes between the 'authority' attributed to directives in European law and in Member State law. Is the 'authority' attributed to directives in European law such that the directive's invalidation per se renders national law invalid? And if that would not be the case, can such invalidity follow from the 'authority' attributed to directives in national law itself?
These and other questions have been identified in this study that explored the consequences of the invalidity of a directive in terms of its 'legal authority' (as opposed to its 'political authority'). It thereby distinguishes between the 'authority' attributed to directives in European law and in Member State law. Is the 'authority' attributed to directives in European law such that the directive's invalidation per se renders national law invalid? And if that would not be the case, can such invalidity follow from the 'authority' attributed to directives in national law itself?
More details
Series
Language
English
Place of publication
Groningen
Netherlands
Target group
Professional and scholarly
Dimensions
Height: 164 cm
Width: 246 cm
ISBN-13
978-90-76871-39-4 (9789076871394)
Schweitzer Classification
Person
Thomas Vandamme (1973) is lecturer European law at the University of Utrecht since 2003. At that same University he obtained a law degree in 1997. After working for the Amsterdam law firm Stibbe he became a Ph.D candidate European Law at the Amsterdam Centre for International Law at the University of Amsterdam. He subsequently lecturered European law there until 2003. He participates in the G.K. van Hogendorp Centre for European Constitutional Studies and is a member of the Dutch Association for European law.