EU and EEA Law Litigation Before National Courts: A Practical Guide

This book provides practical and comprehensive guidance for national practising lawyers (judges and litigation attorneys) on the application of EU/EEA law before national courts. It describes the essential rules regarding the application of EU/EEA law before national judicial instances and structures them systematically, in order to enable national judges and litigation attorneys to comprehend the main standards. In short, the book is about legal norms that would fall under the category of civil and administrative procedural law in a national legal order. These rules, developed by the ECJ and the EFTA Court, govern when and how national judges should apply EU/EEA law in national proceedings. The book is divided into six chapters, each dealing with a specific topic. For pragmatic purposes, the structure of the chapters is uniform and each chapter can be read individually. As the norms have been developed by the ECJ/EFTA court and consist, mainly, of case law principles, the topics are presented based on thorough analysis of the judgments rendered by those courts. The book's unique practical focus makes a great addition to the library of any national lawyer and EU law expert.

Table of Contents:
1. Effective Judicial Protection I. Introduction II. Fair Trial III. Access to Justice IV. Effectiveness of the Judicial Protection V. Conclusions 2. Application of EU Law by National Courts I. Introduction II. Role of National Courts III. Direct Application of EU Law Provisions IV. Disapplication of National Norms V. Conforming Interpretation of National Law with EU Law VI. Granting of Interim Measures VII. Conclusions 3. National Procedural Autonomy and its Limits I. National Procedural Autonomy II. Application of EU Law Ex Officio III. Revision of Final Decision Contrary to EU Law IV. Time Limits for Raising Pleas in EU Law V. Other Procedural Rules VI. Conclusions 4. Preliminary Ruling Procedure I. Right and Obligation to Refer a Preliminary Question II. Admissibility of Preliminary References 5. Member States' Liability for Breach of EU Law I. Foundations of the Liability Principles II. Tortious Acts III. Main Conditions of Liability IV. Enforcement of Liability V. Conclusions 6. Application of EEA Law Before National Courts I. Introduction II. Direct Effect, Primacy and Conforming Interpretation III. State Liability IV. Effective Remedies and Judicial Protection V. Advisory Opinions VI. Conclusions 7. Annex: Case Law Databases I. Introduction II. Preliminary Remarks III. Analysis of the Case Law IV. Access to the CJEU Decisions V. Conclusions

About the Author :
Zsófia Varga is Member of the Legal Services at the European Parliament, Luxembourg.