Coverart for item
The Resource The Future of Remedies in Europe, edited by Claire Kilpatrick, Tonia Novitz, Paul Skidmore, (electronic resource)

The Future of Remedies in Europe, edited by Claire Kilpatrick, Tonia Novitz, Paul Skidmore, (electronic resource)

Label
The Future of Remedies in Europe
Title
The Future of Remedies in Europe
Statement of responsibility
edited by Claire Kilpatrick, Tonia Novitz, Paul Skidmore
Contributor
Editor
Subject
Language
eng
Summary
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
Cataloging source
AU-PeEL
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
  • Kilpatrick, Claire
  • Novitz, Tonia
  • Skidmore, Paul
Series statement
ProQuest Ebook Central
http://library.link/vocab/subjectName
Remedies (Law)
Label
The Future of Remedies in Europe, edited by Claire Kilpatrick, Tonia Novitz, Paul Skidmore, (electronic resource)
Link
https://ebookcentral.proquest.com/lib/eui/detail.action?docID=1750717&query=9781847311641
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Foreword; Abbreviated Contents; Contents; Biographies of Contributors; Table of Cases; Table of Conventions and Treaties; Table of Legislation; Abbreviations; The Future of Remedies in Europe; Part I: Dialogue Between the European Court of Justice and National Courts; 1. Enforcing Community Rights in National Courts: Some Recent Developments; 1. THE COLONISATION OF THE LAW OF REMEDIES: THREE PHASES IN THE COURT'S CASE-LAW; 2. THE PRINCIPLE OF EQUIVALENCE; 3. THE PRINCIPLE OF EFFECTIVENESS
  • 4. LEVEZ: THE INTER-RELATIONSHIP BETWEEN EQUIVALENCE AND EFFECTIVENESS5. CONCLUSION; 2. Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-Limits; 1. INTRODUCTION; 2. REVISING EMMOTT I: DISTINGUISHING ITS MATERIAL SCOPE; 3. REVISING EMMOTT II: A RULING ON ITS FACTS; 4. FINAL THOUGHTS: HOW WRONG? HOW DEAD? HOW NECESSARY?; 3. A Common European Law of Remedies?; 1. IN SUPPORT OF UNIFORMITY; 2. EFFECTIVE REMEDY; 3. CONSTITUTIONAL CONSEQUENCES; 4. CONCLUSION: EMPOWERING NATIONAL COURTS; Part II: Sectoral Approaches to EC Remedies
  • 4. Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional Perspective1. INTRODUCTION; 2. AN ILLUSTRATION: HEDLEY LOMAS; 3. THE IMPLEMENTATION IMBALANCE IN CONTEXT; 4. FEATURES OF THE IMPLEMENTATION IMBALANCE; 5. MARKET TRANSPARENCY: DEEPENING THE IMBALANCE?; 6. WHAT MIGHT BE DONE?; 7. ARE THESE PROBLEMS UNIQUE TO THE EC?; 8. CONCLUSION; 5. The Scope of European Remedies: The Case of Purely Internal Situations and Reverse Discrimination; 1. INTRODUCTION; 2. PURELY INTERNAL SITUATIONS AND REVERSE DISCRIMINATION; 3. REVERSING REVERSE DISCRIMINATION
  • 4. THE CHOICE OF REMEDIES AND THE CHOICE OF INSTITUTIONS6. The Private Enforcement of European Union Labour Laws; 1. INTRODUCTION; 2. THREE THEORIES OF EUROPEAN UNION LABOUR LAW; 3. COMPREHENSIVENESS; 4. EMPLOYER OR STATE LIABILITY?; 5. NATIONAL PROCEDURES AND SANCTIONS; 6. CONCLUSION; Part III: Co-Existence and Interaction with Other European Legal Orders; 7. Interplay of Private Internationial Law and European Community Law; 1. INTRODUCTION; 2. EUROPEAN PRIVATE INTERNATIONAL LAW PRE-AMSTERDAM; 3. "REMEDIES SHOPPING" POST-AMSTERDAM; 4. CONCLUSION
  • 8. Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UK1. INTRODUCTION; 2. THE RIGHT TO A REMEDY UNDER ARTICLE 13 ECHR; 3. JUST SATISFACTION UNDER ARTICLE 41 ECHR; 4. THE HUMAN RIGHTS ACT 1998 AND REMEDIES; 5. CONCLUSION; 9. European Remedies in the Field of Human Rights; 1. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AS A SOURCE OF EUROPEAN LAW; 2. THE CONVENTION AS PART OF COMMUNITY LAW; 3. THE CONVENTION BEYOND COMMUNITY LAW; 4. DEVELOPMENTS UNDER THE CONVENTION; 5. CONCLUSION
  • 10. The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-Amsterdam
Control code
u390404
Dimensions
unknown
Extent
1 online resource (346 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311641
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1750717
  • (OCoLC)893331312
Label
The Future of Remedies in Europe, edited by Claire Kilpatrick, Tonia Novitz, Paul Skidmore, (electronic resource)
Link
https://ebookcentral.proquest.com/lib/eui/detail.action?docID=1750717&query=9781847311641
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Foreword; Abbreviated Contents; Contents; Biographies of Contributors; Table of Cases; Table of Conventions and Treaties; Table of Legislation; Abbreviations; The Future of Remedies in Europe; Part I: Dialogue Between the European Court of Justice and National Courts; 1. Enforcing Community Rights in National Courts: Some Recent Developments; 1. THE COLONISATION OF THE LAW OF REMEDIES: THREE PHASES IN THE COURT'S CASE-LAW; 2. THE PRINCIPLE OF EQUIVALENCE; 3. THE PRINCIPLE OF EFFECTIVENESS
  • 4. LEVEZ: THE INTER-RELATIONSHIP BETWEEN EQUIVALENCE AND EFFECTIVENESS5. CONCLUSION; 2. Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-Limits; 1. INTRODUCTION; 2. REVISING EMMOTT I: DISTINGUISHING ITS MATERIAL SCOPE; 3. REVISING EMMOTT II: A RULING ON ITS FACTS; 4. FINAL THOUGHTS: HOW WRONG? HOW DEAD? HOW NECESSARY?; 3. A Common European Law of Remedies?; 1. IN SUPPORT OF UNIFORMITY; 2. EFFECTIVE REMEDY; 3. CONSTITUTIONAL CONSEQUENCES; 4. CONCLUSION: EMPOWERING NATIONAL COURTS; Part II: Sectoral Approaches to EC Remedies
  • 4. Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional Perspective1. INTRODUCTION; 2. AN ILLUSTRATION: HEDLEY LOMAS; 3. THE IMPLEMENTATION IMBALANCE IN CONTEXT; 4. FEATURES OF THE IMPLEMENTATION IMBALANCE; 5. MARKET TRANSPARENCY: DEEPENING THE IMBALANCE?; 6. WHAT MIGHT BE DONE?; 7. ARE THESE PROBLEMS UNIQUE TO THE EC?; 8. CONCLUSION; 5. The Scope of European Remedies: The Case of Purely Internal Situations and Reverse Discrimination; 1. INTRODUCTION; 2. PURELY INTERNAL SITUATIONS AND REVERSE DISCRIMINATION; 3. REVERSING REVERSE DISCRIMINATION
  • 4. THE CHOICE OF REMEDIES AND THE CHOICE OF INSTITUTIONS6. The Private Enforcement of European Union Labour Laws; 1. INTRODUCTION; 2. THREE THEORIES OF EUROPEAN UNION LABOUR LAW; 3. COMPREHENSIVENESS; 4. EMPLOYER OR STATE LIABILITY?; 5. NATIONAL PROCEDURES AND SANCTIONS; 6. CONCLUSION; Part III: Co-Existence and Interaction with Other European Legal Orders; 7. Interplay of Private Internationial Law and European Community Law; 1. INTRODUCTION; 2. EUROPEAN PRIVATE INTERNATIONAL LAW PRE-AMSTERDAM; 3. "REMEDIES SHOPPING" POST-AMSTERDAM; 4. CONCLUSION
  • 8. Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UK1. INTRODUCTION; 2. THE RIGHT TO A REMEDY UNDER ARTICLE 13 ECHR; 3. JUST SATISFACTION UNDER ARTICLE 41 ECHR; 4. THE HUMAN RIGHTS ACT 1998 AND REMEDIES; 5. CONCLUSION; 9. European Remedies in the Field of Human Rights; 1. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AS A SOURCE OF EUROPEAN LAW; 2. THE CONVENTION AS PART OF COMMUNITY LAW; 3. THE CONVENTION BEYOND COMMUNITY LAW; 4. DEVELOPMENTS UNDER THE CONVENTION; 5. CONCLUSION
  • 10. The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-Amsterdam
Control code
u390404
Dimensions
unknown
Extent
1 online resource (346 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847311641
Media category
computer
Media MARC source
rdamedia.
Media type code
  • c
Specific material designation
remote
System control number
  • EBL1750717
  • (OCoLC)893331312

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