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Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts between national and EU law (and may also be used in some jurisdictions to resolve national law and international law). This book examines the "remedial capacity" of these doctrines/tools from the perspective of the national court applying them. In short: what are their strengths, weaknesses, unexplored opportunities at grassroot level, and what can we learn from comparative experience in practice within Member States. The study reveals considerable differences in the way these doctrines are handled at national level. And it is clear that these differences go beyond the challenges facing newly joined Member States where the judiciary might be expected to still be learning its way with EU law. Even within long standing EU Members there is by no means a consistency in approach.
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National courts and EU environmental law
2013, Europa Law Publishing
in English
9089521283 9789089521286
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National Courts and EU Environmental Law
2013, Europa Law Publishing, Netherlands
in English
9089521356 9789089521354
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Feedback?January 17, 2023 | Edited by ImportBot | import existing book |
November 14, 2020 | Created by MARC Bot | import new book |