The Resource The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary, Johanna Engström

The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary, Johanna Engström

Label
The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary
Title
The Europeanisation of remedies and procedures through judge-made law
Title remainder
can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary
Statement of responsibility
Johanna Engström
Creator
Contributor
Subject
Language
eng
Summary
Through the judge-made requirements developed in its case-law, the Court of Justice has laid down obligations on national courts to provide effective judicial protection for individuals that seek to enforce Community law claims. This thesis will study the Europeanisation of national remedies and procedures that comes about in this process. I will carry out the analysis in two stages. In the first stage, I will look from a European perspective at the principle of effective judicial protection, which I will view as a Trojan horse containing the judge-made requirements, and establish what is understood by effective judicial protection. I will seek to identify more precise obligations incumbent on national courts in relation to different remedies and procedural rules. Moreover, I will seek to establish the rationale of the Court's intervention into national procedural autonomy. In particular, I will consider if the rationale is a concern to protect individual rights or whether the language of 'rights' is rather used as a legitimizing pretext for enhancing the general effectiveness of Community law and for harmonising remedies and procedures. In a second stage, the thesis will empirically study the Europeanisation of remedies and procedures at the domestic level, by looking at the Swedish judiciary's reaction to those judge-made requirements. It is only by looking at what happens when the Trojan horse unfolds in the national legal system that one can understand its role and whether the principle, in practice, achieves the intended rationales, or whether its complexity in fact hampers effective judicial protection. It will emerge that, in the Swedish context, there is a gap between European theory and national practice. In this respect, the study will highlight the role of the national legal and judicial culture in ensuring the effectiveness of Community law. Conclusions will be drawn from the empirical study on whether the Trojan horse really does serve as a functional and effective tool to achieve Europeanisation of remedies and procedures and the Court's intended rationales. I will call for clarifications, coherence and better 'judicial governance' of this complicated area of law
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Engström, Johanna
Date time place
Defence date: 28 September 2009
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2009.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Courts
  • International and municipal law
  • Civil procedure
Label
The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary, Johanna Engström
Instantiates
Publication
Note
  • Examining Board: Profs. Ulf Bernitz (External Co-Supervisor, University of Stockholm), Gráinne de Burca (Supervisor, former EUI and Fordham University), Bruno De Witte (EUI), Walter van Gerven (University of Leuven)
  • Author was awarded the European Public Law Group's special distinction 2010 for her PhD thesis
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16118790
Dimensions
30 cm.
Extent
2 volumes
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1038725845
Label
The Europeanisation of remedies and procedures through judge-made law : can a Trojan horse achieve effectiveness? Experiences of the Swedish judiciary, Johanna Engström
Publication
Note
  • Examining Board: Profs. Ulf Bernitz (External Co-Supervisor, University of Stockholm), Gráinne de Burca (Supervisor, former EUI and Fordham University), Bruno De Witte (EUI), Walter van Gerven (University of Leuven)
  • Author was awarded the European Public Law Group's special distinction 2010 for her PhD thesis
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16118790
Dimensions
30 cm.
Extent
2 volumes
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1038725845

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