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The Future of Remedies in Europe

The Future of Remedies in Europe


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About the Book

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.

Table of Contents:
The Future of Remedies in Europe Claire Kilpatrick 1. Enforcing Community Rights in National Courts: Some Recent Developments Takis Tridimas 2. Whatever Happened to Emmott? The Perfecting of Community Rules on National Time-Limits Leo Flynn 3. A Common European Law of Remedies? Carol Harlow 4. Addressing Problems of Imbalanced Implementation in EC Law: Remedies in an Institutional Perspective Stephen Weatherill 5. The Scope of European Remedies: The Case of Purely Internal Situations and Reverse Discrimination Miguel Poiares Maduro 6. The Private Enforcement of European Union Labour Laws Bernard Ryan 7. Interplay of Private International Law and European Community Law Paul Beaumont 8. Remedies in a Multi-Level Legal Order: The Strasbourg Court and the UK Robin C.A. White 9. European Remedies in the Field of Human Rights Henry G. Schermers 10. The Limits of the Uniform Application of Community Law and Effective Judicial Review: A Look Post-Amsterdam Angela Ward 11. Remedies for Violation of Social Rights Within the Council of Europe: The Significant Absence of a Court Tonia Novitz 12. Social Democracy and Judicial Review in the Community Order Phil Syrpis 13. Engaged Elites: Citizen Action and Institutional Attitudes in Commission Enforcement Richard Rawlings

About the Author :
Claire Kilpatrick is Professor of International and European Labour and Social Law at the European University Institute. Tonia Novitz is a Lecturer in Law at the University of Bristol. Paul Skidmore is a Lecturer in Law at the University of Bristol.

Review :
...the varied contributions challenge the reader to really think about the potential future development of remedies in Europe from a number of different perspectives.The Future of Remedies in Europe succeeds admirably in raising important agendas for future research. The contributions are consistently well written and give rise to a lot of thought. (Bidragen r genomgende vlskrivna och ger upphov till mnga reflektioner.)


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Product Details
  • ISBN-13: 9781847311641
  • Publisher: Bloomsbury Publishing PLC
  • Publisher Imprint: Hart Publishing
  • Language: English
  • ISBN-10: 1847311644
  • Publisher Date: 05 Dec 2000
  • Binding: Digital (delivered electronically)
  • No of Pages: 345

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