Europeanisation of Remedies and Procedures through Judge-Made Law

By (author) Johanna Engstrom,Dr Johanna Engstroem,Dr Johanna Engström

ISBN13: 9781849462495

Imprint: Hart Publishing

Publisher: Bloomsbury Publishing PLC

Format: Hardback

Published: 07/08/2025

Availability: Not yet available

Description
This book provides a thorough overview and critical analysis of the European Court of Justice’s case law on national remedies and procedures for the enforcement of EU law. It examines how and why such rules have been Europeanised through the application of the principle of effective judicial protection, which is the main rationale for the limitation put on national procedural autonomy. The book contains detailed analysis of how the requirement of effective protection has been understood in relation to a range of national remedies (right to damages, interim relief, judicial review and repayment of charges) and procedural rules (standing, evidence, legal aid, division of costs, time-limits, ex officio raising of issues and res judicata). The second half of the book looks at how the Swedish judiciary has responded to the European case law on effective judicial protection. Here what emerges is that national legal and judicial culture is of vital importance when it comes to national courts fulfilling their European mandate and rendering EU law effective. The author then asks whether, in light of this, the principle of effective judicial protection is a functional and effective tool to achieve the Europeanisation of remedies and procedures.
  • Civil remedies
  • Professional & Vocational
Height:244
Width:171
Spine:20
Weight:0.00
List Price: £90.00